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McCOY v. STATE

No. 2D00-2900.

789 So.2d 489 (2001)

James McCOY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 6, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jeffrey Sullivan, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

James McCoy appeals his judgments and sentences for armed burglary and burglary of a dwelling. We reverse the conviction for armed burglary in count I and instruct the trial court to enter judgment on the lesser offense of burglary of a dwelling and to resentence Mr. McCoy on this charge accordingly. We affirm the conviction for burglary of a dwelling in count II. We note, however, that the sentence imposed...

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