LUSTER v. STATE

No. 1D21-2902.

354 So.3d 580 (2022)

Micah Jon LUSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 26, 2023.


Attorney(s) appearing for the Case

Jessica J. Yeary , Public Defender, and Jessica Keeler , Assistant Public Defender, and Megan Lynne Long , Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody , Attorney General, and Daren L. Shippy , Assistant Attorney General, Tallahassee, for Appellee.


Mr. Luster appeals his conviction for attempted burglary of a dwelling. He makes three arguments. We address one here and reject the others without further comment. Mr. Luster argues the trial court erred in answering a jury question asking whether all dwellings are structures.

Burglary is defined as "[e]ntering a dwelling, a structure...

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