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RATLIFF v. STATE

No. 95-267.

668 So.2d 1090 (1996)

Walter Lee RATLIFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 5, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Phil Patterson, Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Douglas Gurnic, Assistant Attorney General, Department of Legal Affairs, Tallahassee, for Appellee.

PER CURIAM.

Walter Lee Ratliff appeals his conviction for burglary of a dwelling, arguing that the building in question, a newly built but unoccupied home, was not a dwelling for purposes of section 810.02(3), Florida Statutes. See § 810.011(2), Fla.Stat. We reject this argument and affirm the conviction based on the holding in Perkins v. State, 630 So.2d 1180 (Fla. 1st DCA 1994), cause dismissed, reh'g granted...

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