Fletcher v. State

Summary

The Florida appellate court reversed Fletcher’s conviction for burglary of a dwelling because the jury’s verdict did not specifically find that the burglary involved a dwelling rather than merely a structure. The court remanded for resentencing for burglary of a structure, a third-degree felony, relying on the requirement that the judgment conform to the jury’s verdict and on Apprendi.

Holdings

1. A burglary conviction may not be enhanced to burglary of a dwelling unless the jury makes a specific finding that the burglary was of a dwelling rather than merely a structure.
2. The burglary-of-a-dwelling conviction must be reversed, and the defendant must be resentenced for burglary of a structure, a third-degree felony.

Questions Presented

1. Whether a defendant may be convicted and sentenced for burglary of a dwelling when the jury verdict does not specifically find that the burglary involved a dwelling.
2. Whether the case should be remanded for resentencing for burglary of a structure when the verdict supports burglary but not the dwelling enhancement.

Disposition

reversed_and_remanded