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STATE v. SAWKO

No. 92-1763.

624 So.2d 751 (1993)

STATE of Florida, Appellant, v. David Stephan SAWKO, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 5, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellant.

Gary W. Tinsley, Daytona Beach, for appellee.

PETERSON, Judge.

The State appeals an order granting David Sawko's motion to dismiss a burglary charge pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. We vacate the order.

Sawko was a maintenance employee of an apartment complex and had consent to enter any of the apartments in the course of his employment by means of a master key. He used the key to make a service call on January 20, 1992 and he alleges that he returned on January 21, 1992...

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