ALEXANDRE v. STATE

No. 4D01-976.

834 So.2d 344 (2003)

Luc Patrick ALEXANDRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 8, 2003.


Attorney(s) appearing for the Case

John H. Lipinski of the Law Office of John H. Lipinski, Miami, for appellant.

Charlie Crist, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

Alexandre was convicted of burglary of an occupied dwelling. We affirm as to all issues, but address only that of an erroneous jury instruction.

The record reflects that Charmaine Dawkins, her children, and her boyfriend, Bernard, were home when there was a knock at the door. Dawkins opened the door after a voice identified himself only as "Mike." Two individuals entered, one pulled out a gun, and said "Bernard." Bernard got up and ran out the back...

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