GORDON v. STATE

No. 98-2522.

745 So.2d 1016 (1999)

Johnny E. GORDON, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 10, 1999.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee/cross-appellant.


GROSS, J.

Johnny Gordon appeals his conviction for burglary of an occupied dwelling. See § 810.02(3)(a), Fla. Stat. (1997). He argues that his conduct did not amount to burglary, because the victim invited him into her home. We affirm the conviction, because Gordon induced the victim's invitation by fraud or trick. The state cross-appeals Gordon's sentence, contending that the trial court was required to sentence Gordon as a prison releasee reoffender...

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