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JONES v. STATE

No. 98-2042.

763 So.2d 1101 (1999)

Adam JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion on Motion for Clarification January 2, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, J.

The issue presented by this appeal is whether the removal of hubcaps and the lug nuts underneath, from the wheels of an automobile, can constitute burglary. Burglary includes "entering ... a conveyance with the intent to commit an offense therein." § 810.02(1), Fla. Stat. (1997). Entering a conveyance "includes taking apart any portion of the conveyance." § 810.011(3), Fla. Stat. (1997). We conclude that this was not a burglary and reverse appellant...

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