WILLIAM HARVEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Affirmed grand larceny conviction but reversed breaking and entering conviction, directing entry of judgment for the lesser included offense of entering without breaking under Fla. Stat. § 810.03.
When appellate review reveals insufficient evidence of breaking and entering but sufficient evidence of the lesser included offense of entering without breaking, the conviction must be reversed and judgment entered for the lesser offense.
[1] When appellate review determines that evidence is insufficient to prove the charged offense of breaking and entering but sufficient to prove the lesser included offense o…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of grand larceny and breaking and entering a dwelling. The record contained insufficient evidence to sustain the breaking and …
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Appellant seeks review of his convictions for grand larceny and for breaking and entering a dwelling.
*101We have considered the record, briefs and arguments of counsel in light of the controlling principles of law and have concluded that no reversible error has been demonstrated as to appellant’s conviction for grand larceny. Thus, as to that conviction we affirm.
However, the appellant has noted, and the state has conceded, that insufficient evidence appears of record to sustain a conviction for breaking and entering. Thus, pursuant to § 924.34, Fla.Stat., F.S. A.,1 we reverse the conviction as to breaking and entering and direct the trial court to enter judgment for the offense of entering without breaking, pursuant to § 810.03, Fla.Stat., F.S.A.
Affirmed in part, reversed in part.