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DANIEL v. STATE

No. 3D12-2104.

137 So.3d 1181 (2014)

Gean DANIEL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 16, 2014.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Brent J. Kelleher , Assistant Attorney General, for appellee.

Before ROTHENBERG, LOGUE, and SCALES, JJ.

ROTHENBERG, J.

The defendant, Gean Daniel, appeals his convictions for armed burglary of a dwelling and grand theft. Although the defendant raises two issues on appeal, only one merits discussion.1 The defendant contends the trial court erred in failing to instruct the jury on trespass, a permissive lesser-included offense of armed burglary of a dwelling, and that the error constitutes per se...

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