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KETTELL v. STATE

No. 2D05-2882.

950 So.2d 505 (2007)

Charles A. KETTELL, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 7, 2007.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Amanda Lea Colón, Assistant Attorney General, Tampa, for Appellee.

CANADY, Judge.

Charles A. Kettell, Sr., appeals his second-degree felony conviction for shooting at, within, or into a building. Because the trial court gave—over Kettell's objection— an erroneous instruction concerning the elements of the offense, we reverse the conviction.

Section 790.19, Florida Statutes (2003), provides: "Whoever, wantonly or maliciously, shoots at, within, or into . . . any public or private building, occupied or unoccupied...

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