LOUIS FEACHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LOUIS FEACHER, APPELLANT,
STATE OF FLORIDA, APPELLEE
504 So. 2d 17
Florida District Court of Appeal, Fifth District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
DANIEL, C.W., Associate Judge.
Feacher appeals his convictions for first degree burglary and second degree burglary. § 810.02(2) & (3), Fla.Stat. (1985). The evidence does not support the burglary convictions but does support one count of the lesser included offense of trespass. § 810.-08, Fla.Stat. (1985). The burglary convictions are reversed and this case remanded with instructions to adjudicate Feacher guilty of one count of trespass in a structure and to resentence Feacher in accordance with the trespass conviction.
REVERSED and REMANDED.
COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Evans v. State, 519 So. 2d 1158 (Fla. 5th DCA 1988)…IAM. Evans was charged and convicted of attempted burglary. After carefully reviewing the evidence in this case we find it legally insufficient to support the conviction. See Williams v. State, 517 So. 2d 120 (Fla. 1st DCA 1987); Feacher v. State, 504 So. 2d 17 (Fla. 5th DCA 1987). Nor is there sufficient evidence to sustain a trespass conviction. Accordingly, the judgment is reversed. REVERSED. SHARP, C.J., and COBB and COWART, JJ., concur.…
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Warram v. State, 788 So. 2d 323 (Fla. 2d DCA 2001)…we hold that the evidence did prove the crime of trespass in a structure. § 810.08(2)(a), Fla. Stat. (1997). We remand with directions to adjudicate Warram guilty of trespass and to sentence him in accordance with that conviction. Feacher v. State, 504 So. 2d 17 (Fla. 5th DCA 1987). Warram raises two other points on appeal, both concerning his sentence under the Prison Releasee Reoffender Act. Because we have reversed his conviction for burglary of a dwelling, he no longer qualifies for sentencing under th…
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Gottlieb v. Liberty Mgmt., Inc., 505 So. 2d 33 (Fla. 4th DCA 1987)…PER CURIAM. We reverse the trial court’s order vacating the final judgment on the authority of Travel Enterprises, Inc. v. Consolidated Components, Inc., 504 So. 2d 17 (Fla. 4th DCA 1987); Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015 (Fla. 4th DCA 1982), since the failure to supply a sworn motion or to make a sworn statement of fact at the hearing to vacate the default constitutes error. Acco…
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