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DIXON v. STATE

No. 4D02-2448.

855 So.2d 1245 (2003)

Floyd DIXON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 15, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Appellant was charged with and convicted of burglary of a church office during a Sunday morning worship service. He complains that the trial court committed fundamental error when instructing the jury that it could find him guilty if, at the time he entered or remained in the structure, he had a fully formed and conscious intent to commit a crime on the premises. We hold that the instruction given did not constitute...

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