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SMALL v. STATE

No. 97-1347.

710 So.2d 591 (1998)

David SMALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing and Certification of Conflict Denied March 26, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.

Rehearing, Rehearing En Banc and Certification of Conflict Denied March 26, 1998.

STEVENSON, Judge.

Appellant, David Small, pled nolo contendere to one count of burglary of a structure, reserving the right to appeal the trial court's denial of his motion to dismiss. Appellant's motion argued that the subject of the charged burglary—an open carport which is attached to a residence, walled on only one side and otherwise supported only with poles—...

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