MAXIMINO v. STATE

No. 99-0770.

747 So.2d 448 (1999)

David Roque MAXIMINO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 15, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph A. Tringali, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Louis G. Carres, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was charged with sexual battery and burglary with an assault or battery. A jury acquitted him of the sexual battery, but found him guilty of the lesser included offense of burglary of an occupied dwelling. In light of the acquittal and the manner in which the jury was instructed, we conclude that a new trial is required.

According to the victim, the appellant, who had been with her earlier in the evening, entered her house during the night...

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