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BERNHARDT v. STATE

No. 97-04438.

741 So.2d 1230 (1999)

Gary Wayne BERNHARDT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 1, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Gary Wayne Bernhardt, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Gary Bernhardt appeals his conviction and sentence for attempted burglary of a dwelling. We affirm notwithstanding the fact that the record contains an erroneous written jury instruction.

Mr. Bernhardt was charged with burglary of a dwelling. The jury found him guilty of the lesser offense of attempted burglary. The transcript of the trial reflects that the trial court provided a correct burglary instruction when the judge read the instructions...

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