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Florida District Courts of Appeal, 1996

Gay v. State

Gay v. State
Florida District Courts of Appeal · Decided May 1, 1996 · Goderich, Levy, Schwartz
672 So. 2d 886; 1996 Fla. App. LEXIS 4565; 1996 WL 210869 (Southern Reporter, Second Series)

Gay v. State

Opinion of the Court

PER CURIAM.

As the state concedes, we are required to reverse the defendant’s conviction of burglary of a structure for a new trial because the trial court erroneously denied an instruction on the lesser included offense of trespass. Jones v. State, 666 So.2d 960 (Fla. 3d DCA 1996); see State v. Abreau, 363 So.2d 1063 (Fla. 1978).1

. Because the issue will likely not arise at the new trial in the posture presented below, we do not consider the merits of the evidentiary point raised by the appellant.

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