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STATE v. STEPHENS

No. 89-1668.

586 So.2d 1073 (1991)

STATE of Florida, Appellant, v. Corey L. STEPHENS, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Clarification October 17, 1991.

Attorney(s) appearing for the Case

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

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

COBB, Judge.

The issue here concerns proper judicial interpretation of the revised burglary statute, whereby the Florida Legislature consolidated the statutes relating to burglary of structures and burglary of conveyances, thereby improvidently mixing apples and oranges and emerging with the current version of section 810.02(1), which provides:

(1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense ...

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