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A.L.S. v. STATE

No. 97-307.

712 So.2d 852 (1998)

A.L.S., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 17, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer Meek, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

We agree with appellant that the evidence presented below establishes that he committed burglary of a structure rather than burglary of a dwelling. See State v. Hamilton, 660 So.2d 1038 (Fla.1995). We therefore reverse and remand with instructions to amend the judgment to reflect burglary of a structure instead of burglary of a dwelling. If the sentence is thereby affected, then a new sentencing should be conducted...

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