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ERWIN v. STATE

No. 87-1423.

532 So.2d 724 (1988)

Ricky Coleman ERWIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 2, 1988.

Attorney(s) appearing for the Case

C. Fred Partin, Louisville, and Fred Haddad, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Ricky Coleman Erwin was convicted of, inter alia, arson of an occupied structure pursuant to section 806.01(1)(c), Florida Statutes (1985).1 The charge arose from the burning of a barn which contained living quarters at one end. Section 806.01(1)(c) provides as follows:

806.01 Arson. — (1) Any person who willfully and unlawfully, by fire or explosion...

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