McKIVER v. STATE

No. 1D10-128.

55 So.3d 646 (2011)

William Glen McKIVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 11, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Carl S. McGinnes , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Samuel A. Perrone , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant, William Glen McKiver, appeals a judgment and sentence for burglary of a dwelling, arguing that the trial court reversibly erred by not instructing the jury on the permissive lesser-included offense of trespass. For the reasons set forth below, we agree and reverse.

Mr. McKiver was charged and convicted of burglary of a dwelling. Specifically, count I of the Second Amended Information alleged that on January 2, 2009, Mr. McKiver<...

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