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WASHINGTON v. STATE

No. 5D08-840.

11 So.3d 980 (2009)

Diablo WASHINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 8, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

TORPY, J.

Appellant challenges his conviction for burglary of a dwelling. He argues that he was entitled to a judgment of acquittal because he was a co-lessee of the residence he allegedly burglarized. Because the evidence, when viewed in the light most favorable to the State, presented a question of fact as to whether the victim's possessory interest in the residence was superior to Appellant's at the time of the burglary...

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