PICCIONI v. STATE

No. 4D01-2225.

833 So.2d 247 (2002)

Joseph PICCIONI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 26, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Iva Oza, Assistant Public Defender, West Palm Beach, for appellant.

Richard E. Doran, Attorney General, Tallahassee, and Meredith L. Balo, Assistant Attorney General, Fort Lauderdale, for appellee.


STEVENSON, J.

Joseph Piccioni, the appellant, was charged with and convicted of burglary of a dwelling. At trial, Piccioni's counsel asked that the court instruct the jury on the lesser-included offense of trespass. The judge refused and Piccioni now appeals that ruling. We find merit in Piccioni's claim, reverse his conviction and remand for a new trial.

Trespass is a category two permissive lesser-included offense of burglary of a dwelling. See Henig...

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