BORDES v. STATE

No. 4D09-300.

34 So.3d 215 (2010)

Karim BORDES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 12, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant, Karim Bordes, challenges his conviction for burglary of a dwelling, arguing that the trial court erred in failing to give an instruction on the lesser-included crime of trespass. Because all of the elements of trespass were present, and there was evidence to support the charge, the instruction should have been given when requested by the defendant. We reverse.

The police apprehended Bordes in the home of Tori Webber after a neighbor reported...

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