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STATE v. ROLLE

No. 90-0462.

577 So.2d 997 (1991)

STATE of Florida, Appellant, v. Alfred B. ROLLE, Appellee.

District Court of Appeal of Florida, Fourth District.

April 10, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

Patrick C. Rastatter of Glass & Rastatter, P.A., and Marc Finkelstein, Fort Lauderdale, for appellee.

PER CURIAM.

The order granting the defendant's motion to dismiss the charges of burglary of a structure and grand theft is reversed. Appellee was charged with unlawfully entering a structure "or the curtilage thereof." His sworn motion to dismiss indicated that the truck under which Mr. Rolle was seen emerging "had been backed in through the garage door." The officer's testimony on which appellee also relied indicated that...

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