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HIGGS v. STATE

No. 5D12-3294.

139 So.3d 411 (2014)

Michael HIGGS, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 23, 2014.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Ailene S. Rogers , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kaylee D. Tatman , Assistant Attorney General, Daytona Beach, for Appellee.

BERGER, J.

Michael D. Higgs, Sr. ("Higgs") timely appeals his conviction for trespass on a construction site, a third-degree felony.1 He argues that the trial court erred by denying his motion for a judgment of acquittal and failing to properly instruct the jury on the offense. We agree and reverse.

On January 31, 2012, Higgs and his son entered a gated construction site at ESPN's Wide World of Sports, where they loaded scrap metal...

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