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LOPEZ v. STATE

No. 4D01-63.

805 So.2d 41 (2001)

Miguel A. LOPEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 7, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Nan Ellen Foley and Margaret Good-Earnest, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, for appellee.

TAYLOR, J.

Appellant, Miguel Lopez, appeals his conviction for burglary of a dwelling with an assault or battery. He contends that the trial court committed fundamental error in giving an inaccurate jury instruction on burglary. We agree and reverse.

On June 26, 1999, Luz VanMeek was awakened by the sensation of roaches crawling in her bed. When she reached over to swipe away whatever had been touching her, she realized...

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