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NURSE v. STATE

No. 93-2027.

658 So.2d 1074 (1995)

Henderson NURSE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 5, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michele A. Smith, Asst. Atty. Gen., for appellee.

Before BARKDULL and HUBBART and COPE, JJ.

HUBBART, Judge.

This is an appeal by the defendant Henderson Nurse from judgments of conviction and sentences for (1) attempted burglary of an unoccupied structure, a third degree felony [§§ 777.04(4)(c), 810.02(3), Fla. Stat. (1991)], as a "lesser included offense" of the charged offense of burglary of an unoccupied structure, also a third degree felony [§ 810.02(3), Fla. Stat. (1991)], (2) petit theft [§ 812.014(1), (2)(d), Fla. Stat. (1991)...

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