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MARTINEZ v. STATE

No. 96-1243.

700 So.2d 142 (1997)

Santiago MARTINEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 10, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, Chief Judge.

Santiago Martinez was convicted of burglary of a dwelling and dealing in stolen property in case number 95-2572. In a separate proceeding, number 95-3015, Martinez pled nolo contendere to charges of armed burglary, grand theft and carrying a concealed weapon. Martinez now appeals his conviction for burglary of a dwelling, arguing that his offense should be reduced to burglary of a structure because the garage he burgled was not a dwelling...

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