BURNES v. STATE

No. 3D02-352.

861 So.2d 78 (2003)

Daniel Anthony BURNES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 29, 2003.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH, and WELLS, JJ.


WELLS, J.

Daniel Anthony Burnes appeals from his conviction for armed burglary with assault contending that Delgado v. State, 776 So.2d 233 (Fla.2000), requires reversal. We agree and reverse.

Burnes was convicted on two counts of second degree murder and on one count of burglary with assault resulting from events that occurred during the evening of February 7 and in the early morning hours of February 8, 1999.

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