WALTON v. STATE

No. 3D99-2599.

777 So.2d 1170 (2001)

Wiley WALTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 14, 2001.


Attorney(s) appearing for the Case

Spencer & Klein, and David M. Tarlow, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, for appellee.

Before SCHWARTZ, C.J., and LEVY, and GERSTEN, JJ.


PER CURIAM.

Wiley Walton ("defendant") appeals his convictions and sentences after he robbed a retail store. We reverse on the conviction for armed burglary, because the incident occurred while the store was open to the public. See Miller v. State, 733 So.2d 955 (Fla.1998); Harrell v. State, 765 So.2d 962 (Fla. 3d DCA 2000). The remaining

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