NEILSON v. STATE

No. 96-00197.

713 So.2d 1110 (1998)

Christopher M. NEILSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 24, 1998.


Attorney(s) appearing for the Case

Gerald A. Tavares, Tarpon Springs, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Corcoran, Assistant Attorney General, Tampa, for Appellee.


BLUE, Judge.

Christopher M. Neilson appeals his convictions for first-degree arson of a flea market, possession of a destructive device, and possession of a fire bomb. Neilson contends the State failed to present sufficient evidence to prove that he knew or should have known the structure, which was the subject of the arson charge, was occupied. We agree and reverse. On remand, the court shall enter a judgment of second-degree arson and resentence Neilson. On all...

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