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PEPITONE v. STATE

No. 2D00-2869.

846 So.2d 640 (2003)

Anthony PEPITONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 30, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Chief Judge.

Anthony Pepitone appeals his judgment and sentence for attempted burglary of a dwelling. We conclude that we must reverse this judgment because there was no evidence to support a conviction for attempted burglary, and this offense should not have been included within the instructions.

On September 19, 1999, Mr. Pepitone went to a retirement condominium in Largo, Florida. He first entered condominium unit 521 on the fifth floor at approximately...

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