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CHEATHAM v. STATE

No. 3D99-1874.

758 So.2d 1130 (2000)

Arthur Fred CHEATHAM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 19, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before GODERICH and SORONDO, JJ., and NESBITT, Senior Judge.

ON MOTION FOR REHEARING— GRANTED

PER CURIAM.

We withdraw our previously issued opinion in this case and substitute the following in its place.

Appellant's third issue on appeal argues that his judgment of conviction and sentence erroneously characterizes the offense charged in Count 1 of the Information, to which appellant pled no contest, as Burglary of an Occupied Structure, when the Information charges Burglary of an Unoccupied Structure...

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