ANDERSON v. STATE

No. 4D01-2667.

831 So.2d 702 (2002)

Eric E. ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 19, 2002.


Attorney(s) appearing for the Case

Lewis A. Fishman of Lewis A. Fishman, P.A., Plantation, for appellant.

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


KLEIN, J.

Appellant was convicted of burglary of a dwelling and theft. He argues that the structure he entered, which was an incomplete addition to a residence, was not a dwelling. We affirm.

The victim was remodeling his home by making it larger. At the time of the crime the addition, which was separated from the home in which the victim was living by a temporary wall containing no access, had walls and a roof, but no door or windows.

A dwelling,...

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