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HOWARD v. STATE

No. 94-1176.

642 So.2d 77 (1994)

Calvin Louis HOWARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 31, 1994.

Attorney(s) appearing for the Case

Calvin Louis Howard, in pro. per.

Robert A. Butterworth, Atty. Gen., and Lucrecia R. Diaz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.

ON MOTION FOR REHEARING GRANTED

PER CURIAM.

The panel opinion of July 12, 1994, is withdrawn, and this opinion is substituted in its place.

A jury found the appellant guilty of burglary of an unoccupied dwelling. The trial court, however, adjudicated him guilty of burglary of an occupied dwelling, categorizing this offense as a second degree felony. The appellant was sentenced to 12 years in prison, with the sentence to run concurrently...

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