HOLLOWAY v. STATE

No. 4D98-4432.

755 So.2d 169 (2000)

William HOLLOWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 19, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and M. Rebecca Springer, Assistant Attorney General, Fort Lauderdale, for appellee.


KLEIN, J.

Appellant was convicted of burglary and argues that the trial court erred in instructing the jury, in response to a question, that it was not to consider the value of the property which appellant allegedly intended to take. We reverse.

Appellant was caught inside fenced property owned by Frito-Lay, Inc., holding an empty garbage bag, and standing by a dumpster into which Frito-Lay routinely placed out-of-date chips. Appellant admitted he was going...

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