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ZIPPERER v. STATE

No. 85-519.

481 So.2d 991 (1986)

R.B. Owen ZIPPERER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 23, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

COBB, C.J., and SHARP, J., concur.

UPCHURCH, J., dissents with opinion.

UPCHURCH, Judge, dissenting.

I respectfully dissent. The only question presented in this appeal is whether appellant, Owen Zipperer, "entered a conveyance" when he removed items from the open bed of a pickup truck. Zipperer was found guilty of petit theft1 for helping himself to a cooler of beer and of burglary...

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