Opinion
No. 4D98-2811.
Opinion filed February 16, 2000.
Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Marvin U. Mounts, Jr., Judge; L.T. No. 97-9538 CFA02.
Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant/cross-appellee.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee/cross-appellant.
ON MOTION FOR REHEARING
We correct our slip opinion, issued January 5, 2000, to reflect the trial court had sentenced the defendant for burglary of an unoccupied dwelling, rather than an unoccupied structure. Further, as in our en banc opinion in State v. Huggins, 744 So.2d 1215 (Fla. 4th DCA 1999), we certify conflict with the second district's decision in State v. White, 736 So.2d 1231 (Fla. 2d DCA 1999).
POLEN, SHAHOOD and GROSS, JJ., concur.