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COLBERT v. STATE

No. 1D11-117.

78 So.3d 111 (2012)

Harley Lloyd COLBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 30, 2012.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, Glen P. Gifford , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Brooke Poland , Assistant Attorney General, Tallahassee, for Appellee.

SWANSON, J.

Harley Colbert appeals his judgment of conviction and sentence, arguing the trial court erred in denying his motion to dismiss the information charging him with burglary of a dwelling under section 810.02(3)(b), Florida Statutes (2010). Colbert contends the area from which he stole a bicycle was not an "attached porch" and does not fall within the definition of a "dwelling" as provided in section 810.011(2), Florida Statutes (2010). We agree and reverse...

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