MUNOZ v. STATE

No. 2D05-1297.

937 So.2d 686 (2006)

George Ernest MUNOZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 28, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Steven L. Bolotin, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

George Munoz appeals his judgment and sentence as a habitual felony offender to fifteen years' prison for burglary of a dwelling, a second-degree felony. See § 810.02(3), Fla. Stat. (2004). He argues that the house under construction which he is accused of burglarizing cannot qualify as a dwelling and that his conviction should therefore be reduced to burglary of an unoccupied structure, a third-degree felony. See § 810.02...

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