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MELAHN v. STATE

No. 5D01-3081.

843 So.2d 929 (2003)

Shawn MELAHN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 1, 2003.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, C.J.

Shawn Melahn appeals his conviction for accessory after the fact to burglary of a structure. We reverse.

Melahn was charged with accessory after the fact to burglarizing a pet shop from which his roommate stole a Panther Chameleon. Melahn testified that on the night of the burglary, his roommate woke him up and asked for a ride to the roommate's girlfriend's residence. Melahn agreed to taking his roommate, but according to Melahn's testimony...

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