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STATE v. YOUNG

No. 2D05-4357.

932 So.2d 1278 (2006)

STATE of Florida, Appellant, v. Rico Shandel YOUNG, Appellee.

District Court of Appeal of Florida, Second District.

July 14, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellee.

CASANUEVA, Judge.

The State of Florida appeals from the postconviction court's order vacating Rico Shandel Young's judgment and sentence and granting him a new trial on the charge of armed burglary of a conveyance. Mr. Young alleged that his counsel was ineffective for failing to object to the jury instructions or to request that the trial court instruct the jury on the necessarily lesser-included offense of simple burglary. Because the postconviction court inappropriately...

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