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ATKINS v. STATE

No. 3D04-192.

878 So.2d 460 (2004)

Ozzie ATKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 28, 2004.

Attorney(s) appearing for the Case

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

Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., SHEVIN, J. and DAUKSCH, JR., JAMES C., Senior Judge.

SHEVIN, Judge.

Ozzie Atkins appeals convictions and sentences for burglary and petit theft. We reverse and remand for a new trial.

The sole evidence against defendant was the victim's identification. Immediately after the incident, the victim told police that the burglar was six feet tall, weighed 230 pounds and wore a blue shirt. The victim arrived home to find the burglar in his living room and spoke with the burglar...

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