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MICHAEL v. STATE

No. 5D09-300.

51 So.3d 574 (2010)

Robert MICHAEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 2010.

Attorney(s) appearing for the Case

F. W. Blankner, Jr. , of Jaeger & Blankner, Orlando, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Megan Saillant , Assistant Attorney General, Daytona Beach, for Appellee.

LAWSON, J.

Robert Michael appeals from his conviction and sentence on a single charge of burglary of a dwelling, arguing that the evidence at trial was insufficient to sustain the conviction. We agree with Michael that Munoz v. State, 937 So.2d 686 (Fla. 2d DCA 2006), when applied to the facts of this case, would require a reversal with instructions that the trial court enter a conviction to the lesser charge of burglary...

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