WILLIAM ARCHIE BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM ARCHIE BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
630 So. 2d 227
Florida District Court of Appeal, Second District (1994)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
As appellee concedes, it was reversible error to refuse to give a jury instruction on trespass which, under the circumstances of . this case, was a category two included offense of burglary. Therefore, the judgment and sentence for burglary are hereby reversed and the cause remanded for a new trial.
ALTENBERND, A.C.J., and LAZZARA and QUINCE, JJ., concur.
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Citator
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Brown v. State, 661 So. 2d 26 (Fla. 2d DCA 1994)…two concurrent twelve-year prison sentences. We affirm the convictions. The scoresheet used to sentence this defendant included points for a burglary as prior record. During the pendency of this appeal, that conviction was reversed. Brown v. State, 630 So. 2d 227 (Fla. 2d DCA 1994). The defendant has now pleaded to a lesser charge in that case. Additionally, the trial court relied on an informal calculation of Mr. Brown’s guidelines score that does not agree with either scoresheet in the record. We cannot co…