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CAPPELLO v. STATE

No. 5D15-1977.

199 So.3d 1113 (2016)

Philip Gabriel CAPPELLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 9, 2016.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Matthew Funderburk , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Deborah A. Cheesman , Assistant Attorney General, Daytona Beach, for Appellee.

Philip Cappello appeals his conviction and sentence for burglary of a structure with an assault and a weapon. Cappello contends that the trial court erred when it denied his motion for judgment of acquittal because the 7-Eleven he robbed was open to the public, and he did not enter an area...

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