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DAVIDSON v. STATE

No. 93-2236.

641 So.2d 930 (1994)

Jeffery Demond DAVIDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 30, 1994.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Phil Patterson, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant Davidson was charged with armed burglary of a dwelling. At trial, however, the judge instructed the jury only on burglary of a structure. The jury returned a verdict stating "the defendant is guilty of burglary." At sentencing the judge utilized a scoresheet that listed burglary of a structure as a second degree felony. The judgment entered also reflects burglary of a structure as a second degree felony. Section 810.02(3), Florida Statutes, classifies...

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