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SUMMERALL v. STATE

No. 98-2655.

734 So.2d 449 (1999)

Jessie SUMMERALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 5, 1999.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant challenges his conviction for armed burglary, contending that the state's evidence was insufficient to prove that he was armed during the commission of the burglary. In this circumstantial evidence case, the state concedes, and we agree, that under this court's decision in Dupree v. State, 705 So.2d 90, 93-94 (Fla. 4th DCA 1998), the evidence was not inconsistent...

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