DAVIS v. STATE

No. 4D07-3109.

988 So.2d 1125 (2008)

Jay Lee DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 23, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tom Wm. Odom and Noble Parsons, Assistant Public Defenders, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was lawfully in an open convenience store, but then went into an "employees only," room and took $400. His conviction for burglary of a structure was enhanced to a second degree felony because the structure was occupied. He argues that, because the employees only room was not occupied, the enhancement was error. We agree, because our burglary statute, in light of case law, is unclear as to what is an...

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