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STATE v. PICKENS

No. 89-2828.

565 So.2d 913 (1990)

The STATE of Florida, Appellant, v. Ernest PICKENS, Appellee.

District Court of Appeal of Florida, Third District.

August 28, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and FERGUSON and COPE, JJ.

PER CURIAM.

Pursuant to an oral motion, the trial court reduced the charge of burglary of an unoccupied conveyance to trespass, finding that the defendant had no intent to commit a theft while unlawfully in the vehicle. The defendant concedes here, correctly, that the intent to commit an offense therein, the essential element to the greater offense, is a question of fact to be determined by a jury. See State v. Wise, 464 So.2d 1245

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