Opinion
No. 86-1172.
February 5, 1987. Rehearing Denied March 17, 1987.
Appeal from the Circuit Court for Orange County; Michael F. Cycmanick, Judge.
James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.
Feacher appeals his convictions for first degree burglary and second degree burglary. § 810.02(2) (3), Fla. Stat. (1985). The evidence does not support the burglary convictions but does support one count of the lesser included offense of trespass. § 810.08, Fla. Stat. (1985). The burglary convictions are reversed and this case remanded with instructions to adjudicate Feacher guilty of one count of trespass in a structure and to resentence Feacher in accordance with the trespass conviction.
REVERSED and REMANDED.
COBB and COWART, JJ., concur.