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ALVAREZ v. STATE

No. 3D99-3237.

768 So.2d 1224 (2000)

Ramon ALVAREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 4, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant.

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

Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.

SCHWARTZ, Chief Judge.

After the defendant gained entry into the victims' home on the subterfuge that he wished to use the bathroom, he pulled a gun on the residents, tortured them, and stole their cash and jewelry. On this appeal from his conviction for several offenses, he claims that his burglary conviction does not survive the Supreme Court's opinion in Delgado v. State, ___ So.2d ___, 2000 WL 1205960 (Fla. Case No. SC88,638, opinion filed, August 24, 2000...

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