BUTLER v. STATE

No. 96-4871.

711 So.2d 1183 (1998)

Jeremiah BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Opinion Modifying Decision on Rehearing June 17, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; L. Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

We affirm in part and reverse in part. Appellant was convicted following a jury trial of armed burglary of a structure, two counts of armed robbery, and attempted second degree murder in connection with the robbery of a convenience store. He argues on appeal that the trial judge should have granted his motion for judgment of acquittal on the burglary charge because the only evidence at trial concerning the convenience store at the time of his entry was...

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