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R. E. S. v. STATE

Nos. UU-232, UU-233.

396 So.2d 1219 (1981)

R. E. S., a Child, and H. A. T., Jr., a Child, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 22, 1981.

Attorney(s) appearing for the Case

Thomas Presnell, Jr., Asst. Public Defender, Tallahassee, for appellants.

Jim Smith, Atty. Gen., and Carolyn Snurkowski, Asst. Atty. Gen., Tallahassee, for appellee.

THOMPSON, Judge.

The appellants were charged with and convicted of burglary of an automobile. On appeal, they contend that the act of siphoning gasoline from an automobile will not support a charge of or conviction for burglary, which is defined as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein... ." § 810.02(1), Fla. Stat. We agree and reverse.

The appellants...

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