CARTER v. STATE (1999)

District Court of Appeal of Florida,Fifth District.

Theresa Elaine CARTER, Appellant, v. STATE of Florida, Appellee.

No. 97–3238.

Decided: April 09, 1999

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm Theresa Carter's conviction for burglary of a dwelling.¹ The trial court properly denied Ms. Carter's motion for a judgment of acquittal because the state submitted evidence, including statements made by Ms. Carter, which indicated that she intended to assault the victim at the time she entered the victim's house. Cf. O.D. v. State, 614 So.2d 23 (Fla. 2d DCA 1993).

AFFIRMED.

FOOTNOTES

1. § 810.02(1), Fla. Stat. (1995).

PER CURIAM.

GOSHORN, HARRIS and ANTOON, JJ., concur.

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