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RIVERA v. STATE

No. 5D07-3087.

992 So.2d 361 (2008)

Jose RIVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 3, 2008.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

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

COHEN, J.

Jose Rivera and a co-defendant were charged with burglary of a structure and grand theft, third-degree after they were caught stealing motorcycle tires from the fenced yard of a business. Rivera was inside the yard holding a tire, while his co-defendant was outside the fenced area with two stolen tires. According to the business' general manager, two of the three tires had no value. The other tire was new and had an approximate value of $150.

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