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HERNANDEZ v. STATE

No. 3D04-602.

960 So.2d 816 (2007)

Frank Abel HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 27, 2007.

Attorney(s) appearing for the Case

Bennett H. Brummer, Miami, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, Orlando, and Jennifer Falcone Moore, Assistant Attorney General, Tampa, for appellee.

Before SHEPHERD and ROTHENBERG, JJ., and LEVY, Senior Judge.

SHEPHERD, J.

Defendant brings us four points of error by direct appeal of his conviction and sentence for burglary of an unoccupied dwelling and grand theft. We find merit only in the last point concerning his sentence. We discuss each point briefly.

Defendant first asserts he was entitled to a judgment of acquittal due to a lack of competent evidence from which the jury could conclude defendant entered the victim...

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