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712 So. 2d 852

A.L.S. v. State

District Court of Appeal of Florida · decided 1998-07-17

Relies on 660 So. 2d 1038 - State v. Hamilton

Decided 1998-07-17

HARRIS, Judge.

¶1We agree with appellant that the evidence presented below establishes that he committed burglary of a structure rather than burglary of a dwelling. See State v. Hamilton, 660 So.2d 1038 (Fla.1995). We therefore reverse and remand with instructions to amend the judgment to reflect burglary of a structure instead of burglary of a dwelling. If the sentence is thereby affected, then a new sentencing should be conducted.

¶2REVERSED and REMANDED.

DAUKSCH and PETERSON, JJ., concur.
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