PERKINS v. STATE

No. 92-1793.

630 So.2d 1180 (1994)

Houston D. PERKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 12, 1994.


Attorney(s) appearing for the Case

Kathryn L. Sands, Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt, Asst. Atty. Gen., Amelia L. Beisner, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.


LAWRENCE, Judge.

Houston D. Perkins was convicted of the offense of burglary of a dwelling,1 proscribed by statute as a second-degree felony. He contends that the structure involved in the burglary did not constitute a dwelling and that he should have been adjudicated and sentenced only for the offense of burglary of a structure, a third-degree felony.

The evidence at trial established that the burglarized structure was built in...

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