BROWN v. STATE

No. 93-01885.

630 So.2d 227 (1994)

William Archie BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 21, 1994.


Attorney(s) appearing for the Case

Laurie R. Chane, Asst. Public Defender, Dade City, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Christopher M. Sierra, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

As appellee concedes, it was reversible error to refuse to give a jury instruction on trespass which, under the circumstances of this case, was a category two included offense of burglary. Therefore, the judgment and sentence for burglary are hereby reversed and the cause remanded for a new trial.

ALTENBERND, A.C.J., and LAZZARA and QUINCE...

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