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STATE v. CLADD

Nos. 79-1864, 79-1865.

382 So.2d 840 (1980)

STATE of Florida, Appellant, v. Leroy Franklin CLADD, Appellee.

District Court of Appeal of Florida, Second District.

April 16, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellee.

GRIMES, Chief Judge.

This appeal involves the question of whether a husband can be guilty of burglary of an apartment occupied by his estranged wife.

The state charged appellee with having committed the crimes of burglary1 and attempted burglary2 on consecutive days. He filed a motion to dismiss alleging certain facts relative to the charges. The state did...

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