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Alton BEAUVAIS, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2011-03-25No. No. 5D09-2377
57 So. 3d 263

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Opinion

majority opinion

PER CURIAM.

We affirm Appellant’s convictions for first-degree murder and robbery with a deadly weapon without further discussion. We reverse the conviction for burglary of a dwelling because the circular jury instruction constituted fundamental error. Lee v. State, 958 So.2d 521 (Fla. 2d DCA 2007). We remand for a new trial on the burglary count. AFFIRMED in part; REVERSED in part, and REMANDED.

PALMER, TORPY and LAWSON, JJ., concur.