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GRUENWALD v. STATE

No. 1D03-4737.

899 So.2d 1138 (2005)

Eugene GRUENWALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 22, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General and Carolyn J. Mosley, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The defendant, Eugene Gruenwald, appeals his conviction for burglary of a dwelling and two counts of grand theft of property from a person over the age of 65. We find no error as to the burglary conviction, but we conclude that the age of the victim was not a proper basis for an enhancement of the theft charges. Section 812.0145, Florida Statutes reclassifies the penalties for theft if the victim is over the age of 65, but, as the state concedes, this...

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