Florida District Courts of Appeal, 1994

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided January 21, 1994 · Altenbernd, Lazzara, Quince
630 So. 2d 227; 1994 Fla. App. LEXIS 249; 1994 WL 16634 (Southern Reporter, Second Series)
Brown v. State

Opinion of the Court

PER CURIAM.

As appellee concedes, it was reversible error to refuse to give a jury instruction on trespass which, under the circumstances of . this case, was a category two included offense of burglary. Therefore, the judgment and sentence for burglary are hereby reversed and the cause remanded for a new trial.

ALTENBERND, A.C.J., and LAZZARA and QUINCE, JJ., concur.

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