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HARRIS, Judge. We 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.
REVERSED and REMANDED.
DAUKSCH and PETERSON, JJ., concur.
Document Info
Docket Number: No. 97-307
Citation Numbers: 712 So. 2d 852, 1998 Fla. App. LEXIS 8530
Judges: Dauksch, Harris, Peterson
Filed Date: 7/17/1998
Precedential Status: Precedential
Modified Date: 10/18/2024