Opinion
Case No. 1D01-3904
Opinion filed September 12, 2002.
An appeal from the Circuit Court for Liberty County. Judge Terry P. Lewis.
Nancy A. Daniels, Public Defender, Georgina Lorenzo, Assistant Public Defender, and Paula S. Saunders, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee.
We find, as a matter of law, that the evidence presented by the state, even considering the legitimate inferences most favorable to the prosecution, is insufficient to support a finding beyond a reasonable doubt that the appellant entered his neighbor's house with the fully-formed conscious intent to commit a crime therein. Therefore the conviction for burglary of a structure is REVERSED.
KAHN, and BROWNING, JJ., CONCUR.