Opinion
No. 93-01885.
January 21, 1994.
Appeal from the Circuit Court for Pasco County; Maynard F. Swanson, Jr., Judge.
Laurie R. Chane, Asst. Public Defender, Dade City, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Christopher M. Sierra, Asst. Atty. Gen., Tampa, for appellee.
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.