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AVERHEART v. STATE

No. GG-202.

358 So.2d 609 (1978)

Samuel AVERHEART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 16, 1978.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant appeals a jury conviction of burglary of a dwelling. He urges that the sentence imposed thereon of life imprisonment is excessive.

Count II of the information alleged in pertinent part that:

"Samuel Averheart, ... did unlawfully enter remain (sic) in a certain dwelling, located at 20 North Reus Street ... the property of Pearl Bartlett as owner or custodian thereof, with the intent to commit an offense therein, to wit: Sexual...

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