PRATER v. STATE

No. 91-02847.

608 So.2d 559 (1992)

Andrew L. PRATER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 18, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


BLUE, Judge.

Andrew L. Prater contends the trial court erred by failing to submit to the jury a verdict form for simple burglary, the next lesser included offense of burglary of a dwelling for which he was charged and convicted under section 810.02, Florida Statutes (1989). We agree and reverse.

In this case, the trial court's written and oral instructions to the jury properly included the charged offense of burglary of a dwelling as well as the lesser included...

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