SEAN PETER HENRIQUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
SEAN PETER HENRIQUEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
782 So. 2d 969
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Pursuant to a jury verdict, the appellant was convicted of armed burglary, two-counts of grand theft and criminal mischief as charged. This is an appeal from the trial court’s denial of his motion for judgment of acquittal and a motion to arrest judgment. Contrary to the appellant’s assertion, we find that the evidence was legally sufficient for the jury to conclude he had entered the subject residence without consent. See Baker v. State, 636 So. 2d 1342 (Fla.1994); State v. Law, 559 So. 2d 187 (Fla.1989); Downer v. State, 375 So. 2d 840, 845 (Fla.1979).
Affirmed.
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Citator
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Walker v. State, 792 So. 2d 604 (Fla. 4th DCA 2001)…it was not refuted by the portions of the record attached to the State’s response which were incorporated into the trial court’s order of summary denial. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Palau v. State, 782 So. 2d 969 (Fla. 4th DCA 2001); Harley v. State, 753 So. 2d 693 (Fla. 4th DCA 2000); Kelly v. State, 712 So. 2d 780 (Fla. 2d DCA 1998). Generally, an evidentiary hearing is required to conclude that action or inaction was a strategic decision. See Sampson v.…
Authorities Cited
- State v. Ronnie S. LAW, 559 So. 2d 187 (Fla. 1989)
- Baker v. State, 636 So. 2d 1342 (Fla. 1994)
- Downer v. State, 375 So. 2d 840 (Fla. 1979)