FLETCHER v. STATE

No. 3D01-3079.

866 So.2d 113 (2004)

Omar FLETCHER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 11, 2004.


Attorney(s) appearing for the Case

John H. Lipinski, Hollywood, for appellant.

Charles J. Crist, Jr., Attorney General, and Andrea D. England, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH, and RAMIREZ, JJ.


RAMIREZ, J.

Omar Fletcher appeals his conviction for burglary of a dwelling and petit theft. We reverse because the jury failed to affirmatively find that the burglary was of a dwelling.

Count I of the Information charged that Fletcher did unlawfully enter or remain in a dwelling. The trial court subsequently instructed the jury as follows: "Omar Fletcher, the defendant in this case, has been accused of the crime of Burglary of an Unoccupied Dwelling and Grand...

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