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D.O.A. v. STATE

No. 5D06-826.

941 So.2d 1244 (2006)

D.O.A., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 17, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

D.O.A. was adjudicated guilty of two counts of burglary of a dwelling in violation of section 810.02, Florida Statutes (2006). He appeals the adjudication of only one count, contending that there was insufficient evidence that he entered or remained in the dwelling of Kimberly Waddy. Based on our review of the record, we agree. Ms. Waddy opened the door that D.O.A. was rattling and was about to enter, causing...

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