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STATE v. JONES

No. 86-424.

497 So.2d 723 (1986)

STATE of Florida, Appellant, v. John Morris JONES, Appellee.

District Court of Appeal of Florida, Fifth District.

November 13, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellant.

Hugo H. de Beaubien of Drage, de Beaubien, Milbrath & Simmons, Orlando, for appellee.

COBB, Judge.

This case presents a question of first impression: Is an unenclosed motorcycle a "structure" contemplated by the statutory provisions of section 806.01, Florida Statutes (1985), relating to the crime of arson in the second degree? The applicable statute provides:

806.01 Arson. — (1) Any person who willfully and unlawfully, by fire or explosion, damages or causes to be damaged: (a) Any dwelling, whether occupied or not...

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