DUNCAN v. STATE

No. 91-2377.

606 So.2d 1227 (1992)

Jessie P. DUNCAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 1, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

Appellant seeks review of a final judgment of conviction of attempted burglary of a dwelling and sentence of six months' community control, followed by eighteen months' probation.

Although appellant presents five points on appeal, only one warrants comment. The second point presented poses the question of whether the trial court erred in not instructing the jury on the underlying offense of the attempted burglary. We answer the question in the...

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