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BROWN v. STATE

No. 97-3639.

731 So.2d 773 (1999)

Clarence Gerald BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 14, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, and Beth C. Weitzner, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., JORGENSON, and GREEN, JJ.

GREEN, J.

This appeal arises from a final judgment of conviction and sentence for first degree murder, armed robbery, and armed burglary after a jury trial. Based upon the supreme court's recent decision in Miller v. State, No. 85,744 (Fla. Apr. 1, 1999), we reverse the appellant's conviction and sentence for armed burglary.

Section 810.02(1), Florida Statutes (1995), defines burglary as the "entering or remaining in a dwelling, a structure or a conveyance...

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