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WATERS v. STATE

No. 80-540.

401 So.2d 1131 (1981)

Nathaniel WATERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 15, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Laura R. Morrison, Asst. Atty. Gen., West Palm Beach, for appellee.

ANSTEAD, Judge.

Nathaniel Waters was convicted of attempted burglary by the attempted unlawful entry of a dwelling with intent to commit theft therein. On appeal he claims that the state failed to prove the requisite element of intent to commit theft.

Waters contends that the state not only failed to prove that he had any specific intent to commit theft but that the circumstantial evidence that was presented on the

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