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Florida District Courts of Appeal, 1998

A.L.S. v. State

A.L.S. v. State
Florida District Courts of Appeal · Decided July 17, 1998 · Dauksch, Harris, Peterson
712 So. 2d 852; 1998 Fla. App. LEXIS 8530 (Southern Reporter, Second Series)

A.L.S. v. State

Opinion of the Court

HARRIS, Judge.

We agree with appellant that the evidence presented below establishes that he committed burglary of a structure rather than burglary of a dwelling. See State v. Hamilton, 660 So.2d 1038 (Fla. 1995). We therefore reverse and remand with instructions to amend the judgment to reflect burglary of a structure instead of burglary of a dwelling. If the sentence is thereby affected, then a new sentencing should be conducted.

REVERSED and REMANDED.

DAUKSCH and PETERSON, JJ., concur.

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