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CARTEY v. STATE

No. 76-227.

337 So.2d 835 (1976)

John W. CARTEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 29, 1976.

Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and John Thor White, Asst. Public Defender, St. Petersburg, Jack O. Johnson, Public Defender, and John Robert Howes, Legal Intern, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Judge.

Appellant was convicted of breaking and entering a building other than a dwelling house with intent to commit a misdemeanor. His appeal poses the question of whether a burglary is committed by the breaking of an interior portion of a building but not its exterior. The information charged that appellant:

"did break and enter a storage area located in a portion of a building designed for use as a dwelling house but not then and there occupied...

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