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STATE v. BURSTON

No. 96-03168.

693 So.2d 600 (1997)

STATE of Florida, Appellant, v. Johnnie BURSTON, Appellee.

District Court of Appeal of Florida, Second District.

March 19, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellee.

WHATLEY, Judge.

The state appeals the dismissal of a one-count information charging Johnnie Burston with burglary of a dwelling in violation of section 810.02(3), Florida Statutes (1993). The information alleged that Burston stole a lawnmower from a carport. The sole issue in this appeal is whether the carport is part of the curtilage of the dwelling. We conclude that it is and reverse.

The carport from which the lawnmower was taken was contiguous to the dwelling...

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