CASTILLO v. STATE

No. 4D05-2371.

929 So.2d 1180 (2006)

Pedro CASTILLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 7, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Pedro Castillo was charged by information with burglary of a structure but was convicted of burglary of a dwelling. On appeal, Castillo argues that his conviction for an uncharged crime denied him due process of law and constituted fundamental error. We agree and remand with instructions to reduce appellant's conviction to burglary of a structure and to re-sentence him accordingly.

It is a basic tenet of constitutional law that due process is violated...

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