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SANTIN v. STATE

No. 5D07-471.

977 So.2d 781 (2008)

Luis SANTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 28, 2008.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Following a jury trial, Appellant was convicted of burglary of a structure with an assault or battery, attempted sexual battery and false imprisonment.1 We find no merit in his challenge to the attempted sexual battery conviction. Accordingly, that conviction is affirmed. We do find merit, however, in one of Appellant's arguments pertaining to the burglary conviction. We conclude that the court committed fundamental error when...

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