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DUARTE v. STATE

No. 3D09-1437.

59 So.3d 313 (2011)

Joaquin DUARTE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 20, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Marti Rothenberg , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Magaly Rodriguez , Assistant Attorney General, for appellee.

Before RAMIREZ, C.J., and LAGOA and EMAS, JJ.

PER CURIAM.

Joaquin Duarte appeals his final judgment of conviction and sentence. He asserts on appeal that the trial court erred when it instructed the jury, over defense objection, that he could be found guilty of armed burglary where the information failed to allege that he was armed, but instead alleged that he discharged a firearm. He relies upon State v. Rodriguez, 602 So.2d 1270, 1272 (Fla.1992), for the proposition...

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