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588 So. 2d 1098

Boyd v. State

District Court of Appeal of Florida

Decided December 4, 1991

District Court of Appeal of Florida · decided 1991-12-04

Relies on 564 So. 2d 1153 - Arroyo v. State · 528 So. 2d 1279 - Croft v. State

Decided 1991-12-04

PER CURIAM.

¶1Appellant was convicted of burglary of a structure and simple assault. We affirm appellant’s conviction. See Arroyo v. State, 564 So.2d 1153, 1155 (Fla. 4th DCA 1990); Croft v. State, 528 So.2d 1279, 1282 (Fla. 1st DCA 1988). However, the state concedes, and we agree, that the judgment must be reversed and remanded to permit the trial court to correct the judgment to reflect that burglary of a structure is a third degree felony, see § 810.02(3), Florida Statutes (1989), and simple assault is a second degree misdemeanor. § 784.011(1), Florida Statutes (1989).

¶2AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DOWNEY, HERSEY and DELL, JJ., concur.
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