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District Court of Appeal of Florida, Third District. Alvin McPhearson, Appellant, v. The State of Florida, Appellee. No. 3D07-2710 Opinion filed December 24, 2008. An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee. Before WELLS, and SHEPHERD, JJ., and SCHWARTZ, Senior Judge. WELLS, J. Affirmed. See J.L.W. v. State, 814 So.2d 1223, 1224 (Fla. 3d DCA 2002) (finding that charging the defendant with burglary of a structure, as opposed to burglary of a conveyance, was not reversible error because ?[t]here was ?not such variance [between the charge and the proof] here as could have misled respondent or subjected him to reprosecution,? ? (quoting Dozier v...continue to full post

Full post as published by Florida Criminal Law Opinions on December 24, 2008 (boomark / email).