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TINKER v. STATE

No. 2D99-4710.

784 So.2d 1198 (2001)

Darren TINKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 11, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Darren Tinker appeals his conviction for burglary of an occupied dwelling with a battery. It is asserted that the trial court's instruction concerning the offense of burglary with a battery was erroneous and the prosecutor misstated the law in his closing argument. We agree and reverse and remand for a new trial.

Tinker and the victim had been in an "on again, off again" relationship. At the time...

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