District Court of Appeal of Florida

Convictions for trespass and possession of burglary tools are affirmed as to the conviction for possession of burglary tools, but reversed as to the trespass conviction where: 1) the evidence did not demonstrate entry into the structure at issue as removal of the screens and attempting to pry open the door did not constitute entry; and 2) a burglary charge in the information did not include language to support the element of attempt, such that attempted trespass could be considered a permissive lesser included offense.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• FULMER, Chief Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Steven L. Bolotin, Assistant Public Defender, Bartow, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.