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STATE v. BENNETT

No. 89-02537.

565 So.2d 803 (1990)

STATE of Florida, Appellant, v. Tommy Reaben BENNETT, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 23, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Andrea Steffen, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state appeals an order of the circuit court partially granting appellee Tommy Bennett's sworn motion to dismiss. Fla.R. Crim.P. 3.190(c)(4). The effect of the order is to reduce burglary charges against Bennett from a second degree (burglary of a dwelling) to a third degree felony (burglary of a structure). Finding the order to be based on an erroneous interpretation of the statutory definition of "dwelling," we reverse.

Bennett was one of...

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