McDonald v. State, 82-501

• Decision Date: 28 December 1982
• Docket Number: No. 82-501,82-501
• Citation: 423 So.2d 997
• Court: Florida District Court of Appeals
• Parties: George Keith McDONALD, Appellant, v. The STATE of Florida, Appellee.

Page 997

423 So.2d 997

George Keith McDONALD, Appellant, v. The STATE of Florida, Appellee.

No. 82-501.

District Court of Appeal of Florida, Third District.

Dec. 28, 1982.

Bennett H. Brummer, Public Defender, and Gelber, Glass & Canal, John Lipinski, Sp. Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Penny H. Hershoff, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

The judgment of conviction and the enhanced sentence entered thereon are affirmed upon a holding that (1) the information charging burglary was not fatally defective for failure to allege non-consent, see State v. Hicks, 421 So.2d 510 (Fla.1982); (2) the proof with respect to ownership was sufficient, see In the Interest of M.E., 370 So.2d 795 (Fla.1979); Jones v. State, 415 So.2d 852 (Fla. 5th DCA 1982); Adirim v. State, 350 So.2d 1082 (Fla. 3d DCA 1977); cert. denied, 365 So.2d 709 (Fla.1978); (3) the fingerprint evidence establishing the defendant's presence was sufficient, see Sorey v. State, 419 So.2d 810 (Fla. 3d DCA 1982); State v. Perry, 297 So.2d 638 (Fla. 2d DCA 1974); and (4) the trial court properly enhanced the defendant's sentence, pursuant to section 775.084(1)(a)2, Florida Statutes (1979), based upon official court records reflecting prior felony convictions and a pre-sentence investigation report not objected to by appellant which characterized him as incorrigible, see Eutsey v. State, 383 So.2d 219 (Fla.1980); McClain v. State, 356 So.2d 1256 (Fla. 2d DCA 1978).

Affirmed.