MCPHEARSON V. STATE
Annotate this Case
Download PDF
Third District Court of Appeal State of Florida, July Term, A.D. 2008 Opinion filed December 24, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-2710 Lower Tribunal No. 06-32386 ________________ Alvin McPhearson, Appellant, vs. The State of Florida, Appellee. 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. State, 662 So. 2d 382, 383 (Fla. 4th DCA 1995), reversed on other grounds, 675 So. 2d 110 (Fla. 1996))). 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
