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WILLIAM ARCHIE BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

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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BROWN v. STATE
(Jan 21, 1994)