Arrestable Offenses / Crimes under Fla. Stat. 810.02
S810.02 4 - BURGL - RENUMBERED. SEE REC # 6266 AND REC # 6267 - F: T
CopyCited 118 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 2403, 1995 WL 27103
...1032 ,
110 S.Ct. 1484 ,
108 L.Ed.2d 620 (1990). Appellant insists that his May 1980 burglary conviction was not for a crime of violence because the state court’s judgment was for the burglary of a structure under Florida’s burglary statute. See Fla.Stat. § .
810.02 (1993)....
...battery, he commits a felony of the first degree; (2) where the offender enters a dwelling or occupied building, he commits a felony of the second degree; and (3) in all other burglaries, the offender commits a felony of the third degree. Fla.Stat. § 810.02(2), (3) (1994). The problem is that every burglary under the Florida statute, whether a first, second, or third degree felony, requires the “entering or remaining in a structure.” Fla. Stat. § 810.02 (1)....
CopyCited 114 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626
...It is not an attempt to commit second degree murder if the defendant abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of [his][her] criminal purpose. (4) BURGLARY F.S. 810.02 [Amended] The third paragraph of the instruction on page 135 of the manual is amended as follows: Give whichever bracketed language applies A person may be guilty of this offense [if he or she originally entered the premises at a time when...
CopyCited 100 times | Published | Supreme Court of Florida | 1992 WL 205518
...We therefore quash the decision under review and direct the district court to reverse the conviction for possession of burglary tools. We decline to address the other issues raised by Green. It is so ordered. BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] § 810.02, Fla....
CopyCited 77 times | Published | Supreme Court of Florida | 2006 WL 3025777
...ndatory minimum term) or
784.07(2), Florida Statutes (2005) (law enforcement victim), interrogatories should be used for crimes such as burglary and robbery, in which the aggravating factor is part of the statute governing the substantive crime. See §
810.02,
812.13, Fla....
CopyCited 76 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 15763, 1990 WL 120090
...of violence under the guidelines. In United States v. Davis,
881 F.2d 973 (11th Cir.1989), cert. denied, — U.S. -,
110 S.Ct. 735 ,
107 L.Ed.2d 753 (1990), we were asked to decide whether a conviction for burglary of a dwelling under Fla.Stat.Ann. §
810.02 (1987) fit within the guidelines’ definition of a crime of violence....
...§
812.13(1) (West 1976) reads: (1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another by force, violence, assault, or putting in fear. 6 . Like Davis, Gonzalez was convicted under Fla. Stat.Ann. §
810.02 (1987)....
CopyCited 74 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 6803, 2007 WL 866226
...ry as “entering or remaining in a dwelling, a
structure, or a conveyance with the intent to commit an offense therein, unless the premises are at
the time open to the public or the defendant is licensed or invited to enter or remain.” Fla. Stat.
§ 810.02.
5
Jimenez argues the Florida Supreme Court’s application of its Delgado construction of
the statute to crimes that occurred before and after the crime for which he was convicted renders
the court’s refusal to apply it to his case unconstitutional....
CopyCited 54 times | Published | Supreme Court of Florida
...In reaching the question of the sufficiency of the evidence, however, the district court passed upon other questions which it has certified as being of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Respondent was charged with attempted second-degree burglary in violation of sections
810.02 [1] and
777.04(1), [2] Florida Statutes *68 (1979)....
...The state also argued that section
810.07, Florida Statutes (1979), could be relied upon to establish proof of the requisite criminal intent. So, the district court certified the following questions of great public importance: 1. In a prosecution for burglary under section
810.02, Florida Statutes (1979), is it necessary for the state to allege an intent to commit a specific offense? 2....
...Although the better practice is to provide specificity in the charging document, it is not fundamental error to use the general phraseology of the statute on which the charge is based. There clearly has been no showing of prejudice in this cause. The essential elements of burglary as defined in section 810.02 are (1) entering or remaining in, (2) a structure or conveyance, (3) with intent to commit an offense therein....
...[3] Since the element of specific criminal intent may generally be alleged in the language of the statute, the indictment or information sufficiently alleges this element if it sets forth that the accused acted "with the intent to commit an offense therein." § 810.02(1), Fla....
...e or conveyance. In State v. Fields,
390 So.2d 128 (Fla. 4th DCA 1980), the court concluded that section
810.07 provided an alternative means of alleging the crime of burglary. The court was proceeding on the assumption, however, that a charge under section
810.02 requires specification of the offense intended....
...ommit theft. The decision of the district court of appeal is quashed and remanded with directions to reinstate the judgment of the trial court. It is so ordered. ALDERMAN, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur. NOTES [1] Section 810.02 provides: (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 49 times | Published | Supreme Court of Florida | 1995 WL 541626
...1040 court erred in denying his motion for judgment of acquittal and in failing to give a theory of defense instruction based on justifiable and excusable homicide. See Parker v. State,
570 So.2d 1048 (Fla. 1st DCA 1990). LAW AND ANALYSIS Currently, section
810.02(1), Florida Statutes (1991), [5] defines burglary as "entering or remaining in a structure or conveyance with the intent to commit an offense therein." (Emphasis added). Section
810.02(3) enhances the penalty for burglary if the structure entered is a dwelling or there is a human being in the structure or conveyance at the time the crime is committed....
...This statute prohibited the breaking and entering of homes as well as buildings and structures in close proximity thereto, or within the "curtilage." Around the same time, the legislature also enacted a statute which *1041 punished the breaking and entering of "any other buildings or any ship or vessel." See § 810.02, Fla....
...closure would mean that a person who entered an open yard surrounding a dwelling in broad daylight, without the homeowner's consent, with the intent to take a piece of fruit from a tree located in the yard, would be guilty of a second-degree felony. § 810.02(3). If the homeowner then confronted this person and became the victim of a simple assault or battery, the offending person would be guilty of a first-degree felony punishable by a term of years not exceeding life. § 810.02(2)(a)....
...[5] Florida's current statute defines burglary as the "entering or remaining in a structure or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02(1), Fla....
CopyCited 49 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 631
...and remand to the district court. Pursuant to a jury verdict, Casteel was adjudicated guilty of sexual battery with use of a deadly weapon, section
794.011(3), Florida Statutes (1983), and burglary of a dwelling while armed with a dangerous weapon, section
810.02(2), Florida Statutes (1983)....
CopyCited 47 times | Published | Supreme Court of Florida | 1989 WL 5727
...We review Anderson v. State,
526 So.2d 106 (Fla. 4th DCA 1988), to answer a certified question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Respondent was charged by information with burglary of a dwelling in violation of section
810.02(1), (3), Florida Statutes (1985), a felony of the second degree. One day prior to trial, the state filed an amended information charging first-degree burglary under section
810.021(1), (2)(a), Florida Statutes (1985)....
...n all respects it is a viable charging document on which Mr. Anderson will be found guilty or not guilty depending on the decision of the jury. Okay. Have a seat, Mr. Anderson. We will get underway. Respondent was tried and found guilty of violating section 810.02(1), (3) and sentenced to four and one-half years in prison....
CopyCited 41 times | Published | Supreme Court of Florida
...OVERTON, Justice. This is a petition to review a decision of the Fifth District Court of Appeal reported as Hicks v. State,
407 So.2d 252 (Fla. 5th DCA 1981). The district court in Hicks held that non-consent to entry is an essential element of burglary under section
810.02(1), Florida Statutes (1979), which the state must allege in an information or indictment....
...We hold that consent to entry is an affirmative defense to, rather than an essential element *511 of, burglary, and quash the decision of the district court. Hicks was charged by an amended information with armed burglary and grand theft. He moved to dismiss the amended information, relying on section 810.02(1), which provides: "`Burglary' means entering or remaining in a structure or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
..." (Emphasis added.) He contended that the statute, as written, makes non-consent to entry an essential element of burglary. Because the state failed to allege this element, Hicks asserted, the information must be dismissed. The trial court denied the motion, agreeing with the state that consent to entry under section 810.02(1) is an affirmative defense....
...At trial Hicks was convicted of grand theft and burglary of a dwelling, a lesser included offense of armed burglary. The district court, in reversing Hicks' conviction, used the rule of statutory construction set forth in Baeumel v. State,
26 Fla. 71,
7 So. 371 (1890), to interpret section
810.02(1)....
...The district court concluded that "with `breaking' no longer required, it is necessary to directly allege the element of non-consent." Hicks,
407 So.2d at 254. Judge Cowart dissented, taking issue with this construction of the statute. We disagree with the district court's reasoning. While section
810.02(1) has eliminated breaking as an essential element in all burglary offenses, we reject the view that the statute as it is now written establishes non-consent to entry as an essential element of burglary. We find that as used in section
810.02(1), the word "unless" is a qualifier to the primary sentence of the statute, separating the consent phrase from the enacting clause and making consent an affirmative defense....
...NOTES [1] Chapter 810, Florida Statutes (1973), contained the following burglary offenses: Breaking and entering a dwelling house with intent to commit a felony therein (810.01); breaking and entering other buildings, ships, or vessels with intent to commit a felony therein (810.02); entering without breaking with intent to commit a felony therein (810.03); breaking and entering a railroad car with intent to commit a felony (810.04); breaking and entering with intent to commit a misdemeanor (810.05); and breaking and entering or entering without breaking a vehicle (810.051)....
CopyCited 41 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 367
...We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We approve the result of the district court's opinion for the reasons set forth below. Petitioner, Samuel Toole, was charged with burglary of a structure with the intent to commit theft therein, in violation of section
810.02, Florida Statutes (1983), and with possession of a burglary tool in violation of section
810.06....
...We reiterate that beyond allegation and proof of unauthorized entry or remaining in a structure or conveyance, the essential element to be alleged and proven on a charge of burglary is the intent to commit an offense, not the intent to commit a specified offense, therein. See, § 810.02, Fla....
...tent. Subsequently, in what can only be construed as a conscious decision to refocus on the safety of property and of the people therein, the Legislature abandoned these distinctions and said that proof of intent to commit any offense would suffice. Section 810.02, Florida Statutes (1979)....
CopyCited 40 times | Published | Supreme Court of Florida | 1990 WL 154230
...erdicts of guilty of armed burglary and kidnapping while in possession of a firearm. Farinas was sentenced by the trial court to consecutive terms of life imprisonment for the offenses of armed burglary and armed kidnapping. §§
775.087(1),
787.01,
810.02, Fla....
...The offense of burglary is defined as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02(1), Fla....
...troduction of a confession. Although there was no mention in the witness' testimony that Farinas had a firearm in his possession during the burglary, possession of a firearm during commission of the burglary relates to the degree of the offense. See § 810.02(2), Fla....
CopyCited 40 times | Published | Supreme Court of Florida
...e conclusively shows that the charged crime was completed. In such case, attempt should not be instructed. 5. Some statutes provide that the penalty for certain crimes is enhanced if certain events occur during their commission. For example, under F.S. 810.02 burglary is a felony of the first degree if the burglar makes an assault or is armed with explosives or dangerous weapons....
...Criminal mischief -806.13(2)
806.111 Arson - Fire None Attempt bomb
806.13(1)(b)1 Criminal mischief None Attempt
806.13(1)(b)2 Criminal mischief Criminal mischief - Attempt
806.13(1)(b)1
806.13(1)(b)3 Criminal mischief Criminal mischief - Attempt
806.13(1)(b)1 Criminal mischief -
806.13(1)(b)2
810.02(2) Burglary with Burglary -
810.02(4) Aggravated battery -
784.03 *131 assault or Battery -
784.03 battery or while Aggravated assault -
784.021 armed Assault -
784.011 Attempt Burglary -
810.02(3) Trespass -
810.08(2)(a) Trespass -
810.08(2)(c)
810.02(3) Burglary of Burglary -
810.02(4) Attempt dwelling Burglary -
810.02(3) Burglar Trespass -
810.08(2)(a) structure or Trespass -
810.08(2)(b) conveyance with human being inside
810.02(4) Burglary None Attempt Trespass -
810.08(2)(a)
810.06 Possession of None None burglary tools
810.08 Trespass in None Attempt (except refuse structure or to depart) conveyance
810.09 Trespass on None Attempt property other than structure or c...
CopyCited 39 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 997, 2008 WL 152181
...entering or
remaining in a dwelling, a structure, or a conveyance with the intent to commit an
offense therein, unless the premises are at the time open to the public or the
defendant is licensed or invited to enter or remain.” Fla. Stat. Ann. § 810.02(1)
(1989). Interpreting § 810.02(1), the Third District Florida Court of Appeal had
held that if a defendant enters a structure by consent, he may nevertheless be guilty
12
of burglary under § 810.02(1) if the evidence demonstrates that the consent, either
expressly or implicitly, was withdrawn....
...statute under which he pled guilty). However, we need not reach this issue because, as discussed
infra, even assuming Johnson has raised a proper actual innocence claim, his claim fails.
11
Shortly after Delgado was decided, the Florida legislature amended §
810.02 to make
clear that an invited person entering a premises need not remain surreptitiously and adopted
§
810.015, which expressly stated the legislature’s intent that Delgado’s holding be “nullified”
and that the burglary statute, §
810.02, be “construed in conformity with ....
CopyCited 37 times | Published | Court of Appeals for the Eleventh Circuit | 2015 WL 5515439
...§ 3C1.2.
5
Case: 14-10396 Date Filed: 09/21/2015 Page: 6 of 24
At sentencing, Matchett objected to both of these enhancements. He argued that his
prior felony convictions for burglary of an unoccupied dwelling, Fla. Stat.
§§ 810.02(1)(b), (3)(b), were not “crime[s] of violence.” He also argued that he
neither attempted to flee nor recklessly endangered anyone.
The district court ruled that the presentence investigation report correctly
calculated Matchett’s offense level....
...r otherwise involves conduct that
presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(a).
The district court determined that Matchett’s two prior convictions for burglary of
an unoccupied dwelling, Fla. Stat. §§ 810.02(1)(b), (3)(b), were “crime[s] of
violence” because they “involve[d] conduct that presents a serious potential risk of
physical injury to another,” U.S.S.G....
...f the Career-Offender Guideline.
Although the definition of a crime of violence specifically includes the crime
of “burglary of a dwelling,” U.S.S.G. § 4B1.2(a)(2), the Florida offense of burglary
of an unoccupied dwelling, Fla. Stat. §§ 810.02(1)(b), (3)(b), does not fall under
that definition....
...ugh if that
conviction was for a crime that generally creates as much risk of physical injury as
one of the enumerated crimes.” Chitwood,
676 F.3d at 979. Because burglary of an
unoccupied dwelling requires intentional conduct, see Fla. Stat. §§
810.02(1)(b),
(3)(b), we must decide only whether that crime “categorically pose[s] a serious
potential risk of physical injury that is similar in degree to the risks posed by” the
“closest analog among the enumerated offenses—burglary of a dwelling,”
Chitwood,
676 F.3d at 979....
CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
...-------------------------------- Comment This instruction was adopted in 1981 and was amended in 1987 [
508 So.2d 1221], and 1995 [
657 So.2d 1152], and 2007, by adding 3(a) and 3(b) pursuant to Glover v. State,
863 So.2d 236 (Fla.2003). 13.1 BURGLARY §
810.02, Fla....
...ether the defendant (insert aggravating circumstances charged). Lesser Included Offenses -------------------------------------------------------------- BURGLARY WITH ASSAULT OR BATTERY OR WHILE ARMED OR WITH USE OF MOTOR VEHICLE OR PROPERTY DAMAGE
810.02(2) --------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. --------------------------------------------------------------- Burglary
810.02(4) 13.1 --------------------------------------------------------------- Aggravated battery
784.045 8.4 --------------------------------------------------------------- Battery
784.03 8.3 ---------------------------------------------------------...
...21 8.2 --------------------------------------------------------------- Assault
784.011 8.1 --------------------------------------------------------------- Attempt
777.04(1) 5.1 --------------------------------------------------------------- Burglary
810.02(3) 13.1 --------------------------------------------------------------- Trespass
810.08(2)(a) 13.3 --------------------------------------------------------------- Trespass
810.08(2)(b) 13.3 -----------------------------------------------------...
...) 13.3 --------------------------------------------------------------- Criminal Mischief
806.13 12.4 --------------------------------------------------------------- BURGLARY OF DWELLING; BURGLARY OF STRUCTURE OR CONVEYANCE WITH HUMAN BEING INSIDE
810.02(3) --------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. --------------------------------------------------------------------------- Burglary
810.02(4) 13.1 --------------------------------------------------------------------------- Attempt
777.04(1) 5.1 --------------------------------------------------------------------------- Burglary
810.02(3) 13.1 --------------------------------------------------------------------------- Trespass
810.08(2)(a) 13.3 --------------------------------------------------------------------------- *326 ---------------------------------------------------------------------------- Trespass
810.08(2)(b) 13.3 ---------------------------------------------------------------------------- BURGLARY
810.02(4) ------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA....
...------------------------------------------- Comment This instruction was adopted in 1981 and amended in 1985 [
477 So.2d 985], 1997 [
697 So.2d 84], and 2003 [
850 So.2d 1272], and 2007. It should be given for offenses committed after July 1, 2001. See §
810.02, Fla....
CopyCited 32 times | Published | Supreme Court of Florida | 1997 WL 672785
...At least three stab wounds were to her chest cavity, one of which was four inches deep to her heart. This evidence supports a finding of premeditation. Jimenez argues that the burglary was not proven because there was no proof of forced entry, or that Minas refused entry, or that she demanded that he leave the apartment. Section 810.02(1), Florida Statutes (1991), defines burglary as: [E]ntering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 31 times | Published | Supreme Court of Florida | 1996 WL 710895
...one count of armed burglary, six counts of burglary of a dwelling, two counts of grand theft, two counts of *190 petty theft, and one count of carrying a concealed firearm. Gaber appealed, claiming that his convictions for both armed burglary under section
810.02, Florida Statutes (1993), [1] and grand theft of a firearm, under section
812.014, Florida Statutes (1993), [2] violated his constitutional right not to be placed in double jeopardy....
...The charge of armed burglary is pursuant to chapter 810, Florida Statutes, entitled "Burglary and Trespass," which provides that "`[b]urglary' means entering or remaining in a structure or a conveyance with the intent to commit an offense therein." (Emphasis added). § 810.02(1), Fla.Stat. (1993). Burglary becomes armed burglary if, in the course of committing the offense, the offender "[i]s armed, or arms himself within such structure or conveyance, with explosives or a dangerous weapon." § 810.02(2)(b), Fla.Stat....
...We approve the decision below and disapprove the First District's decision in Marrow. We decline review of the other issues petitioner has raised. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES and HARDING, JJ., concur. ANSTEAD, J., concurs in result only. NOTES [1] Section 810.02(1), Florida Statutes (1993), provides that burglary is "entering or remaining in a structure or a conveyance with the intent to commit an offense therein." Burglary becomes armed burglary if in the course of committing the offense, the offender "[i]s armed, or arms himself within such structure or conveyance, with explosives or a dangerous weapon." § 810.02(2)(b), Fla.Stat....
CopyCited 29 times | Published | Supreme Court of Florida | 2001 WL 278107
...The State asserts that the Legislature never intended that "burglary of a dwelling" be further distinguished by occupied or unoccupied, because in either event the offense levels are the same. The burglary statute provides in pertinent part as follows: 810.02 Burglary. (1) "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...time the offender enters or remains; (c) Structure, and there is another person in the structure at the time the offender enters or remains; or (d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains. § 810.02, Fla.Stat....
...1997), defines "dwelling," and the definition does not make any distinction between occupied and unoccupied, so no distinction can be made. [4] While this position seems reasonable at first blush, it does not explain the Legislature's distinction in section 810.02(c), Florida Statutes, wherein burglary is deemed a first-degree felony where the offender "enters an occupied or unoccupied dwelling or structure." Clearly in this section, the Legislature intended the word dwelling to be modified by the adjectives "occupied" and "unoccupied." Therefore, to say that the word "occupied" may not logically modify the word "dwelling" belies section 810.02(c)....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 607, 1989 WL 526
...ee of the offense by whether the structure was a dwelling, was occupied, or whether force or injury was threatened. 5 Indeed, the Florida statute under which Hill four times had been convicted is typical of current statutory definitions of burglary: 810.02 Burglary (1) “Burglary” means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...there is a human being in the structure or conveyance at the time the offender entered or remained in the structure or conveyance, the burglary is a felony of the second degree_ Otherwise, burglary is a fel- ony of the third degree.... Fla.Stat.Ann. § 810.02 (West 1976) (amended in minor ways 1982,1983)....
...occupied, when the burglary occurred, and/or whether injury occurred or was threatened. See Ala.Code §§ 13A-7-5 to 13A-7-7; Alaska Stat. §§ 11.46.300-310 ; Conn.Gen.Stat. §§ 53a-101 to 53a-103; Del.Code Ann. tit. 11, §§ 824-26; Fla.Stat.Ann. § 810.02; Idaho Code §§ 18-1401 to 18-1402; Ill.Rev.Stat....
CopyCited 28 times | Published | Florida 4th District Court of Appeal | 1997 WL 599652
...ence does not establish that it was done with the intent to commit burglary, the Defendant may not be found guilty. (Emphasis added). "Burglary" means entering or remaining in a structure or conveyance with the intent to commit "an offense" therein. § 810.02, Fla....
CopyCited 28 times | Published | Florida 3rd District Court of Appeal | 1988 WL 23451
...Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee. Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ. DANIEL S. PEARSON, Judge. The question presented by this case is whether a defendant can be found guilty of burglary under Section 810.02, Florida Statutes (1985), where he lawfully enters the home of another, and after communicating to the occupant by word or deed his intent to commit a crime therein, remains in the home against the occupant's wishes....
...e officer. The jury found Ray guilty of battery of a law enforcement officer and burglary of a dwelling with the intent to commit an assault; it acquitted Ray of all other charges. On this appeal, Ray challenges the burglary conviction only. [2] II. Section 810.02(1), Florida Statutes (1985), defines the crime of burglary [3] as: *965 "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the d...
...1988); People v. Hutchinson, 124 Misc.2d 487, 477 N.Y.S.2d 965 (Sup.Ct. 1984), aff'd, 121 A.D.2d 849, 503 N.Y.S.2d 702 (1986). [6] Happily, we need not concern ourselves with the potential elevation of a shoplifting offense to a burglary. This is so because Section 810.02, Florida Statutes (1987), precludes a burglary charge where "the premises are at the time open to the public." That the premises are open to the public is a complete defense to a burglary charge, avoiding the absurd result of State v....
CopyCited 28 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 259, 2011 Fla. LEXIS 1346, 2011 WL 2374834
...466, 490,
120 S.Ct. 2348,
147 L.Ed.2d 435 (2000). [6] Ring v. Arizona,
536 U.S. 584,
122 S.Ct. 2428,
153 L.Ed.2d 556 (2002). [7] §
777.04(1),
782.04(1)(a), Fla. Stat. (2005). [8] §
787.01(1)(a)2, §
775.087(1), §
775.087(2)(a)1., Fla. Stat. (2005). [9] §
810.02(1)(b), §
810.02(2)(b), §
810.07, Fla....
CopyCited 27 times | Published | Supreme Court of Florida | 1994 WL 202540
...1st DCA 1993), in which the district court certified the following question as being of great public importance: IS PROOF OF A CRIMINAL MISCHIEF TO A DWELLING (A BROKEN WINDOW) COMMITTED WHILE ON *1343 THE CURTILAGE IN A STEALTHY MANNER A BURGLARY UNDER SECTION 810.02, FLORIDA STATUTES, GIVEN THE LEGISLATIVE INTENT OF SECTION 810.02 AND THE COMMON LAW OF BURGLARY COMMITTED ON THE CURTILAGE? Id....
...The officer noted that the lower panel of a window in the back of the victim's house had been smashed. Next to the broken window lay a window screen and a board with glass fragments. He found similar boards under a plastic tarp at the front of the house. He arrested Baker for burglary of a dwelling, in violation of section 810.02(1), Florida Statutes (1989)....
...Perhaps most dramatic is the extent to which the legislature has altered the common law "dwelling house" element. Although the fact that a structure is a "dwelling" enhances the penalty for burglary, the statutory proscription applies to any building of any kind and to any conveyance. § 810.02(1)....
CopyCited 26 times | Published | Supreme Court of Florida | 1999 WL 176045
...f murder, attempted murder, armed robbery, and robbery. We reverse the conviction for burglary, for the reasons expressed below. We vacate the death sentence and remand for a new sentencing proceeding. First, we address Miller's burglary conviction. Section 810.02(1), Florida Statutes (1993), defines burglary: Burglary means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...premises are open to the public. Otherwise, every time a person entered a structure that was open to the public with the intent to commit a crime, the person would have committed a burglarya result directly in conflict with the express language of section
810.02(1)."); Ray,
522 So.2d at 967 n....
CopyCited 24 times | Published | Supreme Court of Florida | 2002 WL 1926223
...WELLS, J., concurring. I believe that the majority opinion errs in determining that the trial court committed fundamental error by giving the jury instruction for burglary that included language relating to the "remaining in" portion of the burglary statute. See § 810.02(1), Fla....
...n of Ms. Figuero's statement constituted fundamental error. [25] One of the defendant's convictions in Valentine was for burglary of a conveyance with an assault or battery. [26] The burglary statute under which the defendant in Delgado was charged, section 810.02(1), Florida Statutes (1989), stated: Burglary means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...A person may be guilty of burglary if he or she had the intent to commit the crime described in the charge. [28] The jury ultimately found Floyd guilty of armed burglary. In Count II of the indictment returned against him, Floyd was charged with violating sections 810.02(1) and (2)(b), Florida Statutes (1997), which state: 810.02 Burglary. (1) "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...al weight); and Floyd committed the murder for the purpose of avoiding or preventing a lawful arrest (substantial weight). [37] The defendant in Williams was on parole when he committed the capital crime for which he was sentenced to death. [38] See § 810.02, Fla.State.(1989)....
CopyCited 24 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 128
...person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury shall be guilty of a life felony, punishable as provided in
775.082,
775.083, or
775.084. [2] Section
810.02(2), Florida Statutes, Burglary: Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in
775.082,
775.083, or
775.084, if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person....
CopyCited 23 times | Published | Florida 4th District Court of Appeal
...Gen., West Palm Beach, for appellant. Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee. HURLEY, Judge. The state appeals from a trial court's order arresting judgment on defendant's conviction for violation of Section 810.02(1), (3), Florida Statutes (1979)....
...Though he had not filed a motion to dismiss, defendant moved for arrest of judgment on the ground that the amended information was fatally defective. The trial court granted the motion, finding that the amended information "did not allege the crime of Burglary, even though the language of Florida Statute 810.02 was tracked, for the reason that the amended information did not specify what specific offense the defendant intended to commit......
...30 structure, the property of SIDNEY EDELMAN, with intent then and there to commit an offense therein, to-wit: Theft, by then and there knowingly obtaining or using or endeavoring to obtain or use the property of another, contrary to Florida Statute 810.02(1)(3)....
...County and State aforesaid, unlawfully did then and there enter or remain in a structure, the property of SIDNEY EDELMAN, doing business as SELBY OF WEST PALM BEACH with intent then and there to commit an offense therein, contrary to Florida Statute 810.02(1)(3)....
...t. Subsequently, in what can only be construed as a conscious decision to refocus on the safety of property and of the people therein, the Legislature abandoned these distinctions and said that proof of an intent to commit any offense would suffice. Section 810.02, Florida Statutes (1979)....
CopyCited 23 times | Published | Florida 1st District Court of Appeal
...found to be an exception contained in a subsequent clause. State v. Thompson,
390 So.2d 715 (Fla. 1980). See also State v. Hicks,
421 So.2d 510 (Fla. 1982), interpreting the burglary statute, where the court found that the word "unless," as used in section
810.02(1), was a qualifier to the primary sentence of the statute, separating the consent phrase from the enacting clause and making consent an affirmative defense to burglary....
CopyCited 22 times | Published | Supreme Court of Florida | 1997 WL 709662
...ion; and (14) sentencing Raleigh to death, because death is disproportionate. [5] See Huff v. State,
569 So.2d 1247, 1249 (Fla. 1990) ("Discretion ... is abused only where no reasonable [person] would take the view adopted by the trial court."). [6] Section
810.02(1), Florida Statutes (1995), states: (1) "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 2003 WL 21254919
...burglary statute at issue in Spell. Unlike Spell, the 1993 version of §
1324(a)(1)(B) does not encompass multiple degrees of offenses. Its statutory
elements do not differentiate between offenses committed for profit, and those
1
Fla. Stat. § 810.02 Burglary (1994).
(1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to
commit an offense therein, unless the premises are at the time open to the public or the defendant
is licensed or invited to ente...
CopyCited 21 times | Published | Florida 2nd District Court of Appeal
...Public Defender, Tampa, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee. SCHEB, Judge. Appellant was placed on probation for breaking and entering with intent to commit a felony in violation of Section 810.02, Florida Statutes (1973)....
CopyCited 21 times | Published | Florida 1st District Court of Appeal | 23 Fla. L. Weekly Fed. D 1483
...Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Invoking Florida Rule of Appellate Procedure 9.140(2)(a), Kwunchai Phuagnong appeals his conviction for burglary of a dwelling in violation of section 810.02(3), Florida Statutes (1995)....
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 6071, 1996 WL 115485
...§
787.01 (convicted of lesser included offense of assault); (3) Attempted sexual battery contrary to Fla.Stat. §§
777.04(1),
777.04(4), and
794.011(4)(a) (acquitted); (4) Burglary with an assault, which is first degree burglary, contrary to Fla.Stat. §§
810.02 and
810.07 (convicted)....
...Otherwise, double jeopardy principles prohibit cumulative punishment. B. Legislative Intent We begin our analysis of legislative intent by examining the language of the statutes themselves. Florida’s burglary statute, in its entirety, provides as follows: 810.02....
...ance, the burglary is a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Otherwise, burglary is a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Fla.Stat.Ann. §
810.02 (West 1994)....
...and the first degree misdemeanor of simple battery____ Unlike the Missouri Legislature in Hunter , the legislature in our ease has not made it “crystal clear” that it intended to convict and punish a defendant for both a simple battery under Section
784.03, and burglary under Section
810.02(2)(a), which is enhanced to a first degree felony punishable by life by reason of the commission of the battery....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4647416
...1994) (attempted armed robbery); Harris v. State,
766 So.2d 403, 404 (Fla. 2d DCA 2000) (armed burglary). Rather, the sentences were imposed based on the statutory definitions of each offense as a first-degree felony punishable by life, §§
812.13(2)(a), §
810.02(b), which is distinct from a life felony, see James v....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal
...Count 1 charged appellant with burglary of the victim's dwelling during the course of which he "did make an assault upon the [victim], to-wit: [sic] involuntary sexual battery," and "did arm himself within said dwelling with a dangerous weapon, to-wit: [sic] a firearm," in violation of Section 810.02(2), Florida Statutes (1977)....
...s pled and proved as an essential element of the burglary occurring on the same date (counts 1, 5, and 10 respectively). We agree as to counts 6 and 9. Burglary may be a first, second, or third-degree felony, depending upon the allegata and probata. § 810.02, Fla. Stat. (1977). To convict a defendant of first-degree felony burglary, the state must plead and prove not only the essential elements of burglary as defined in Section 810.02(1), but also that, in the course of committing the burglary, the defendant either made an assault upon a person or was armed or armed himself within the structure with explosives or a dangerous weapon....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal
...[2] Among other things, a photograph taken when he was booked into jail immediately after the confession showed no signs of damage. [3] The appellants both claim that the trial court misleadingly instructed the jury that this charge obviously the crime of burglary of a dwelling under Section 810.02(3) was a "lesser" offense of the one charged in Count II, which the defendants characterize as breaking and entering a dwelling with intent to commit robbery....
...We reject this claim because, as the indictment charges, and the jury was specifically instructed, a verdict of "guilty as charged" in Count II required a finding of an assault during the burglary. Since this crime carries a possible life sentence under Section 810.02(2)(a), the crime of which the jury found the defendants guilty is indeed a lesser offense....
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 2005 WL 713238
...both component offenses, rather than burglary or just one of the component offenses. The jury's determination greatly affects the severity of the charge and punishment. "Burglary with a battery" is a first-degree felony punishable by life in prison. § 810.02(2), Fla....
CopyCited 20 times | Published | Florida 5th District Court of Appeal | 1989 WL 97500
...proofs are based. But, where statistical probability testimony is scientifically and reliably grounded, it is admissible, however high the probabilities may be. AFFIRMED. COBB and COWART, JJ., concur. NOTES [1] §
794.011(3), Fla. Stat. (1987). [2] §
810.02(1) & (2)(a), Fla....
CopyCited 20 times | Published | Supreme Court of Florida
...blic policy of this state. The legislature should reconcile the matter of consortium rights with the elements of any crime, and should do so very carefully when dealing in the context of a crime carrying a possible sentence of life imprisonment. See § 810.02(2), Fla....
...Cladd,
382 So.2d 840 (Fla. 2d DCA 1980). [2] Burglary means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain. Section
810.02, Florida Statutes (1977)....
CopyCited 19 times | Published | Supreme Court of Florida | 1994 WL 643747
...eft. Stearns' burglary sentence was enhanced because of his possession of a firearm. The district court reversed his conviction and sentence for carrying a concealed weapon because: Armed burglary, as contrasted with mere burglary, is, as defined in section 810.02(2), Florida Statutes, a continuing offense....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal
...Our Supreme Court held that the correction of a typographical error by a later nunc pro tunc order was proper. To Steele's second point that the charge of breaking and entering was inconsistent with that of larceny and that both could *453 not stand, Mr. Justice Terrell replied, "There is no merit to this contention. Section 810.02 F.S.A....
...916 (1958); Statutory Implementation of Double Jeopardy Clauses: New Life for a Moribund Constitutional Guarantee, 65 Yale L.J. 339 (1956); Case Comment, 43 Notre Dame Law. 1017 (1968). [7] Florida Statute § 810.05 (1971), F.S.A. [8] Florida Statute § 810.02 (1971), F.S.A....
CopyCited 19 times | Published | Supreme Court of Florida | 2002 WL 87371
...able by life." The statute does not use the term "life felony," but rather uses the term "felony punishable by life," which includes both life felonies and first degree felonies punishable by life. Because appellant's armed burglary conviction under section
810.02(2)(b), *213 Florida Statutes (1997), is a first degree felony punishable by life, the life sentence imposed under section
775.082(8)(a)(2)(a) was legal....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal
...Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for respondent. PER CURIAM. We grant herein our gracious common law writ of certiorari. Petitioner and two codefendants were charged by an information with burglary of a structure in violation of Section 810.02, Florida Statutes (1975)....
CopyCited 18 times | Published | Supreme Court of Florida
...sdiction and allowing Green to withdraw his guilty plea. The decision of the district court, as amplified in the motion for rehearing, is approved. It is so ordered. ADKINS, BOYD, OVERTON and EHRLICH, JJ., concur. ALDERMAN, C.J., dissents. NOTES [1] § 810.02, Fla....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 1989 WL 22567
...A tenant discovered the defendant [1] burglarizing the tenant's apartment. The defendant fled out of the apartment. The tenant chased and caught the defendant who struggled and hit the tenant in the face. On these facts, the defendant was tried, convicted and sentenced for two offenses: burglary with a battery (§ 810.02(2)(a), Fla....
...The defendant appeals, arguing that he has been convicted twice for "the same offense" in violation of his rights under the double jeopardy clauses of the state and federal constitutions. Burglary is a first degree felony if "in the course of committing" the burglary offense, the offender commits a battery upon any person. § 810.02(2)(a), Fla....
...One is to make burglary one substantive offense but to provide for that one offense a schedule of varying punishments depending on the *187 presence or absence of the desired differentiating factors. [2] The other method, and one used in the burglary statute section 810.02, is to make the differentiating factors upon which the different punishment is to depend, into degree elements [3] differentiating the one basic substantive burglary offense into three separate statutory offenses, each of which authorizes a different degree or level of punishment....
CopyCited 18 times | Published | Supreme Court of Florida | 1992 WL 148242
...As grounds, the district court found that the statute requires an intent to commit a crime that can be completed only within the physical confines of the vehicle itself. The district court concluded that none of Stephens' alleged crimes met this description. Stephens,
586 So.2d at 1074-75. Section
810.02(1), Florida Statutes (1987), provides: "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 17 times | Published | Florida 4th District Court of Appeal | 1998 WL 889331
...within 3 years of being released from a state correctional facility.... (emphasis added). Appellant contends that "occupied" modifies both structure and dwelling, and that since he burglarized an unoccupied dwelling, he was not within the Act for sentencing purposes. The burglary statute, section 810.02(3), Florida Statutes (1997), expressly distinguishes between an occupied or unoccupied structure or conveyance, but makes no distinction between burglary of an occupied dwelling and burglary of an unoccupied dwelling....
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 11460, 1989 WL 88345
...east two prior felony convictions of either a crime of violence or a controlled substance offense.” See id. An examination of appellant’s criminal history revealed two prior felony convictions: the first for burglary of a dwelling, see Fla.Stat. § 810.02(3) (1987); 2 the second for possession of cocaine, see id....
...arms. Had the district court resolved this question at the sentencing hearing, the court would have had an alternative sentencing disposition based on the offender’s total offense level that we could review. 2 . That statute provides as follows: ' 810.02 Burglary.— (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...veyance, the burglary is a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s. 775.-084. Otherwise, burglary is a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Fla.Stat. §
810.02 (1987)....
...And I could justify it in my mind on that basis, that the — a dwelling, a burglary, someone gaining illegal entry into a dwelling could pretty well believe that it might be occupied. (Emphasis added.) 4 . Appellant argues that because the use of force against a person is not an element of Fla.Stat. § 810.02(3), it does not constitute a crime of violence under 18 U.S.C....
...ense of burglary. See W. LaFave & A. Scott, Substantive Criminal Law § 8.13(a) (1986). The Florida burglary law incorporates this offense element by excusing entry into properties open to the public and licensed entries onto property. See Fla.Stat. § 810.02(1) (1987).
CopyCited 16 times | Published | Supreme Court of Florida | 1992 WL 324894
...We concluded that there was sufficient overt activity to convict of possession of burglary tools. Id. at 711. However, based on these facts, it is obvious that Thomas could not have been convicted of attempted burglary because there had been no overt act directed toward entering or remaining in a structure or conveyance. See § 810.02, Fla....
...2d DCA 1991); Morgan v. State,
576 So.2d 792 (Fla. 4th DCA 1991). Jones also challenges his sentence of thirty months imprisonment followed by five years' probation for the attempted burglary of a dwelling. Attempted burglary is a third-degree felony. §
810.02(3), Fla....
CopyCited 16 times | Published | Supreme Court of Florida | 2006 WL 797659
...t." [5] More specifically, Braxton claims that the trial court invalidated section
775.087, Florida Statutes (1993), by not convicting him under it. On March 23, 1995, a jury found Braxton guilty of one count of burglary with assault, a violation of section
810.02, Florida Statutes (1993), and one count of dealing in stolen property, a violation of section
812.019, Florida Statutes (1993)....
...Braxton appealed this sentence on the grounds that the facts at trial clearly established that he should have been convicted of burglary with a firearm, a violation of section
775.087, Florida Statutes. In fact, the first information filed in his case charged him with violating both sections
775.087 and
810.02, Florida Statutes....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal
...While we agree Postell was ineligible to be classified as a youthful offender, the reason advanced by the trial court was clearly wrong under Fowler v. State,
375 So.2d 879 (Fla. 2d DCA 1979). "Burglary of a dwelling is normally a felony of the second degree, but Section
810.02(2)(b), Florida Statutes (1977), makes it a felony of the first degree when the perpetrator is armed or arms himself during the burglary....
...involved. That section, however, specifically states that it does not apply to a `felony in which the use of a weapon or firearm is an essential element... .' Accordingly, since use of a firearm was an essential element of burglary while armed under Section
810.02(2)(b), the judge misconstrued the application of Section
775.087(1)(a) to appellant's conviction for that crime." Fowler v....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1350
...Gen., Tallahassee, and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. Appellant, Scott Carson, appeals from an amended judgment and sentence. We affirm in part and reverse in part. Appellant was charged on April 30, 1981, with burglary, a violation of section 810.02(3), Florida Statutes (1981)....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 1989 WL 97684
...The state responds that the evidence did not support the requested instruction. Appellant apparently relies on the former schedule of lesser included offenses which lists "Trespass
810.08(1) as to entering or remaining without authorization" as a category one, necessarily included offense of "Burglary §
810.02." See Fla....
...fender who commits a simple burglary necessarily commits a simple trespass. The 1985 schedule fails to set forth the various burglary offenses which may or may not contain elements present in the trespass offenses. For example, burglary while armed, §
810.02(2)(b), may or may not include the elements of the structure being occupied or unoccupied, §
810.08(2)(a), (b); or, burglary with an assault or battery on a person, §
810.02(2)(a), may or may not include the use of a firearm or other dangerous weapon, §
810.02(3)....
CopyCited 16 times | Published | Supreme Court of Florida
...A petition seeking an adjudication of delinquency was filed against M.E., charging him with burglary. The charging document alleged that M.E. unlawfully entered a structure owned by one Wesley Phillips with intent to commit the offense of larceny, in violation of section 810.02(3), Florida Statutes (1975)....
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. Appellant was charged in a two count indictment with first degree burglary (§ 810.02, Fla....
...ry elements of the two crimes. Thus, the statutes must be analyzed to determine whether each statute requires proof of an element which the other statute does not. [2] The instant case involves the crimes of first degree burglary and sexual battery. Section 810.02, Florida Statutes (1979), provides, in part: (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...o wit: A DWELLING, located at ... the property of [the victim] as owner or custodian, with intent to commit an offense therein, to wit: SEXUAL BATTERY, and in the course of committing said offense made an assault on [the victim] contrary to Sections 810.02(1) and 810.02(2)(a), Florida Statutes, ......
CopyCited 15 times | Published | Supreme Court of Florida | 1996 WL 627526
...Perkins appealed his conviction and sentence, contending that the house he burglarized did not constitute a "dwelling" under section
810.011(2) because it was unoccupied and, therefore, he should have been adjudicated and sentenced only for the offense of burglary of a structure, a third-degree felony under section
810.02, Florida Statutes (1995)....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 1999 WL 1016311
...State,
576 So.2d 1310, 1312 (Fla. 1991) (citations omitted). The issue presented is whether the word "occupied" modifies both structure and dwelling or just structure. The state argues that the PRR applies whether the dwelling is occupied or not because section
810.02(3)(a) and (b), Florida Statutes (1997), makes it a second degree felony to burglarize an occupied or unoccupied dwelling. The state reasons that since no distinction is made in section
810.02(3)(a) and (b) as to the penalty that may be imposed for either offense, the only reasonable conclusion that can be drawn is that the legislature intended that the PRR apply whether the dwelling in question was occupied or not....
...§
775.082(8)(a)-(b), Fla. Stat. (1997). The 1998 amendments to section
775.082 have caused renumbering of the statute and the Prison Releasee Reoffender Act now appears at subsection (9) of the statute. See §
775.082(9), Fla. Stat. (Supp.1998). [2] §
810.02(3)(d), Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal
...Gen., Daytona Beach, for appellee. COWART, Judge. Without consent of the owner, appellant entered a dwelling through the window and was apprehended hiding therein. On this single factual event he was tried on a two count information. The first count charged that in violation of section 810.02(3), Florida Statutes, appellant did enter or remain in the dwelling "with the intent to commit an offense therein, to-wit: theft." The second count charged that in violation of the same statute he did enter or remain in said dwelling "...
...thout the consent of [the owner]." The jury found appellant not guilty as to count 1 and guilty as to count 2. The question presented on this appeal is whether the allegations of count 2 were sufficient to allege a violation of the burglary statute, section 810.02(3), Florida Statutes (1979). Section 810.02, Florida Statutes (1979), provides in part: (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...ll be prima facie evidence of entering with intent to commit an offense. (emphasis added) In Lee, the burglary information charged the defendant entered or remained in a dwelling "with intent to commit an offense therein contrary to Florida Statutes
810.02(1)(3) and
810.07" and contended that the statutory references were a sufficient substitute for specifying a particular offense....
...of section
810.08(1) of the Florida Statutes which is punishable as a second degree misdemeanor under section
810.08(2)(a). [4] Although the jury found the accused not guilty of count 1, that count was sufficient to allege a felony of burglary under section
810.02(1), Florida Statutes arising out of the same circumstances as the misdemeanor of trespass sufficiently alleged in count 2 of the information....
...NOTES [1] In order to enhance punishment these basic elements can be augmented by allegations and proof of additional elements, such as that the defendant, in the course of committing the offense, made an assault upon some person or was armed or armed himself within such structure with explosives or a dangerous weapon (section 810.02(2)(a) and (b)) or that the structure entered was a dwelling or there was a human being in the structure or conveyance at the time the offender entered or remained in it (section 810.02(3))....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...and a judgment of acquittal should be granted. Ponsell v. State,
393 So.2d 635 (Fla. 4th DCA 1981). Furthermore, the offense of burglary requires an "entering or remaining in a structure or a conveyance with the intent to commit an offense therein." §
810.02(1), Fla....
CopyCited 14 times | Published | Supreme Court of Florida | 2003 WL 22097432
...4 through 18, 2000. The defendant was tried and convicted of burglary under the burglary statute that was in effect in 1980, the language of which remained substantially the same in the Florida statutes through the defendant's trial in 2000. Compare § 810.02, Fla. Stat. (1979), with § 810.02, Fla. Stat. (1999). Throughout this time period, the burglary statute stated that burglary means "remaining in" a structure with the intent to commit an offense therein. See, e.g., § 810.02, Fla....
...nvited person to remain in the dwelling, structure, or conveyance surreptitiously. (2) It is the intent of the Legislature that the holding in Delgado v. State , Slip Opinion No. SC88638 be nullified. It is further the intent of the Legislature that s. 810.02(1)(a) be construed in conformity with Raleigh v....
...ch the Legislature has stated was as the Legislature intended. See §
810.015, Fla. Stat. (2001). Those sentences are also being served in conformity with the present application of the burglary statute for offenses committed after July 1, 2001. See §
810.02(1)(b), Fla....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...We quote with approval the response to the State's position by counsel for Appellee. The weakness in the State's argument is its failure to incorporate the definition of entering a conveyance into the remainder of the burglary statute. Burglary is defined in Section 810.02(1), Florida Statutes, as: ......
...the word `therein' requires that the offense must be capable of being committed within the vehicle ..." Dalby, supra (emphasis supplied). Clearly, the theft of the hubcaps from an automobile wholly fails to establish a prima facie case of intent "to commit an offense therein", within the meaning of Section 810.02( l ), Florida Statutes....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1991 WL 138126
...son. Accord State v. Allen,
573 So.2d 170 (Fla. 2d DCA 1991). Appellant next argues that because his conviction for burglary of a dwelling while armed is a first degree felony punishable by a term of years not exceeding life imprisonment pursuant to section
810.02(2), Florida Statutes (Supp....
...The state, however, points out that the statute establishing appellant's underlying felony offense, armed burglary, specifically provides that the offense is punishable either by a term of years not exceeding life imprisonment or as provided in section
775.084, the habitual felony offender statute. §
810.02(2), Fla....
...convicted that appellant may be habitualized and an enhanced life sentence imposed. I cannot agree that the statute's reference to the habitual offender statute is, under the circumstances, a clear reflection of legislative intent. The reference in section
810.02(2) to section
775.084 appears in all noncapital felony and misdemeanor statutes listed under Title XLVI of the Florida Statutes....
...(1989) (battery). Considering the legislature's wholesale indiscriminate reference to the habitual offender statute throughout the Florida Statutes, many of which are inapplicable, I do not consider that the state can take any comfort in the reference made in section
810.02(2) to section
775.084....
CopyCited 14 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 79
...State,
352 So.2d 1187 (Fla. 1st DCA 1977), cert. denied,
362 So.2d 1056 (Fla. 1978). Sanders held that the mere showing of the theft of a gun after entering a structure, standing alone, is insufficient to establish burglary armed with a dangerous weapon pursuant to section
810.02(2)(b), Florida Statutes (1977). In contrast to section
810.02(2)(b), the armed burglary statute, section
775.087(2) requires that any person who is convicted of burglary and who has in his possession a "firearm" as defined in subsection
790.001(6) shall be sentenced to a minimum term of imprisonment of three calendar years....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2509
...the State has brought forth competent evidence to support every element of the crime, a judgment of acquittal is not proper. Newton v. State,
490 So.2d 179, 180 (Fla. 1st DCA 1986). Anderson was charged first of all with burglary in contravention of Section
810.02(1), Florida Statutes (1983), which defines the offense as entering or remaining in a structure with the intent to commit an offense therein, here, grand theft....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1999 WL 623456
..."burglary with an assault and/or battery" conviction. Following an incident in which Torna broke into the home of a neighbor, punched her, chased her, and threw her to the ground, Torna was charged with "burglary with an assault and/or battery" per section 810.02(2)(a), Florida Statutes, and with aggravated battery (on a pregnant woman)....
...nviction than a "burglary with an assault" conviction. Torna consummated his assault upon his neighbor by punching her and, later, throwing her to the ground; a battery was committed. We urge that, in future cases involving charges of a violation of section 810.02(2)(a), the jury be tendered a verdict form that clearly indicates perhaps by boxes to be checked off whether the conviction is of burglary with an assault or burglary with a battery, so as to avoid the double jeopardy issues addressed in the instant case....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1152456
...or Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Darrin L. Bledsoe appeals his conviction and sentence for burglary with battery pursuant to section 810.02, Florida Statutes (1997)....
...Bledsoe, she asked him to leave after he arrived because she had become aware of some "bad feelings" between Mr. Bledsoe and another guest, David Eales. Instead of leaving, Mr. Bledsoe remained in the home and struck Mr. Eales. The State charged Mr. Bledsoe with burglary with battery. Section 810.02, Florida Statutes (1997), provides, in pertinent part: Burglary. (1) "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...s of the parties, each spouse has a legal right to be with the other spouse on premises possessed by either or both spouses so long as the marriage relationship exists and that an entry on to such premises by either spouse cannot be a burglary under Section 810.02, Florida Statutes (1975)....
...the face with his fists causing certain injuries. Several neighbors came to the wife's rescue and restrained the defendant from any further attack on the wife. The defendant was charged by information in two counts with: (1) burglary in violation of Section
810.02, Florida Statutes (1975), and (2) battery in violation of Section
784.03, Florida Statutes (1975)....
...II The defendant further contends that the evidence is insufficient as a matter of law to sustain the burglary conviction. He argues that his motion for judgment of acquittal as to the burglary charge should have been granted at the close of the state's case. We agree. Section 810.02, Florida Statutes (1975), the statute which the defendant was convicted of violating, provides in a relevant part as follows: "810.02 Burglary (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 1995 WL 581359
...1)(a)2.). III. We do find error in aspects of the sentences imposed below. 1. It is clear, and conceded, that habitual violent felony sentences were improperly imposed for the life felonies of armed burglary with a firearm and committing an assault, § 810.02(2)(a), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 680446
...Accordingly, we reverse the appellant's conviction for aggravated battery, and sentence, and remand for resentencing on the remaining conviction for first degree burglary. REVERSED in part; REMANDED. DAUKSCH and THOMPSON, JJ., concur. NOTES [1] §
784.045(1)(a)(2), Fla. Stat. (1991). [2] §
810.02(1) and (2)(a), Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...HOBSON, Acting Chief Judge. Reginald Freeman and Lovette Clark appeal orders placing each on two years probation following a denial of their motions to suppress. We reverse. *10 The state charged appellants with burglary of a conveyance in violation of section 810.02, Florida Statutes (1981)....
CopyCited 13 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 441, 2012 WL 2579673, 2012 Fla. LEXIS 1316
offender ... [m]akes an assault ... upon any person.” §
810.02(1)(b)1-(2)(a), Fla. Stat. (2006). “An ‘assault’
CopyCited 13 times | Published | Supreme Court of Florida | 2002 WL 1430498
...Id. Subsequently, the district court granted the State's motion and certified the above-stated question to this Court as one of great public importance. See Byars,
792 So.2d at 1235. Analysis The relevant statutory provision in the instant case is section
810.02, Florida Statutes (1999), Florida's legislative provision which addresses burglary....
...r invited to enter or remain. (2) Burglary is a felony of the first degree ... if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person; or (b) Is or becomes armed ... with ... a dangerous weapon.... § 810.02, Fla....
....2d at 1312. In the instant case, the Legislature's intent is apparent: A person who enters or remains in a structure with the intent to commit an offense therein will be guilty of burglary, " unless the premises are at the time open to the public." § 810.02(1), Fla....
...o enter or remain in the structure. Clearly, the Oregon statute is not constructed in the same manner as Florida's. The Florida "open to the public" condition is an independent exception to the inclusive definition of burglary which precedes it. See § 810.02(1) ("`Burglary' means entering or remaining in a ......
...n when the premises [were] otherwise open to the public." Id. As the formulation of the Florida burglary statute halts prosecution whenever "the premises are at the time open to the public or the defendant is licensed or invited to enter or remain," § 810.02(1), Fla....
...The issue, by statutory structure, is not whether Byars or another defendant has been prohibited from entering a structure, it is whether "the premises are at the time open to the public." Id. It is the nature of the property that is described in the applicable statute, not the status of a person. The exception contained in section 810.02 has only this single elementthe text of the statute makes it clear that there is no "implicit" requirement that the defendant be "a member of the public entitled to enter the premises." Dissenting op....
CopyCited 13 times | Published | Supreme Court of Florida | 1988 WL 131582
...Gen., West Palm Beach, for respondent. GRIMES, Justice. We review Hardee v. State,
516 So.2d 110 (Fla. 4th DCA 1987). In order to explain the basis for our jurisdiction, it is first necessary to discuss the pertinent cases. John Hardee was convicted under section
810.02(2)(b), Florida Statutes (1985), of burglary of a dwelling while armed with a dangerous weapon, a first-degree felony. Burglary of a dwelling is normally a second-degree felony, but section
810.02(2)(b) makes it a first-degree felony when the perpetrator is armed or arms himself during the burglary....
...State,
352 So.2d 1187 (Fla. 1st DCA 1977), cert. denied,
362 So.2d 1056 (Fla. 1978), the court held the mere showing of the theft of a gun after entering a structure, standing alone, was insufficient to establish burglary armed with a dangerous weapon under section
810.02(2)(b)....
...1st DCA 1979), quashed on other grounds,
395 So.2d 520 (Fla. 1981). Neither opinion stated whether the gun was loaded when it was stolen, but subsequent opinions *708 have held that the theft of a loaded gun while committing a burglary suffices to enhance the crime to armed burglary under section
810.02(2)(b)....
...A person having possession of a gun during a burglary is subject to a minimum mandatory sentence under section
775.087 regardless of whether the gun was loaded. Bentley v. State,
501 So.2d 600 (Fla. 1987). We do not believe that the legislature intended a different construction of section
810.02(2)(b) which enhances the crime of burglary when the defendant "is armed or arms himself" with a gun....
CopyCited 12 times | Published | Supreme Court of Florida | 2006 WL 3313734
...nd double jeopardy bars subsequent punishment or prosecution." Boler v. State,
678 So.2d 319, 321 (Fla.1996) (citing Blockburger,
284 U.S. at 304,
52 S.Ct. 180). [8] The intent required for burglary is that the accused intended to commit an offense. §
810.02(1)(a), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 834
...State,
378 So.2d 1258 (Fla. 1st DCA 1979). Sanders is distinguishable in that it did not deal with the imposition of a mandatory minimum sentence under section
775.087(2), but involved only the question of whether an armed burglary conviction under section
810.02 could stand upon the mere showing of the theft of a gun....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2000 WL 707177
...[3] Section
775.021(4)(b), Florida Statutes (1997), states that it is the intent of the Legislature to convict and sentence a defendant for each offense he commits during the course of a single criminal episode. Thus, the Legislature clearly intended to separately punish burglary as enhanced and battery as enhanced. See §§
810.02(1), (2)(a),
784.045(1)(a), Fla....
...In neither case did the court consider what would happen if it appears that some of the jurors found premeditation but not felony murder and some of the jurors found felony murder without premeditation. As so ably pointed out by Judge Cowart in Bradley v. State,
540 So.2d 185 (Fla. 5th DCA 1989), under section
810.02, Florida Statutes, the differentiating factors which determine the degree of the burglary offense become "elements" of separate offenses....
...the same is not true of aggravated battery." In my view, the same is true of aggravated battery, or any other form of battery established by the facts. In the instant case only one form of battery was established by the facts: aggravated battery. If the battery referred to in § 810.02(2)(a) defining burglary with a battery does not encompass aggravated battery, then the instant conviction of burglary with a battery cannot stand because only aggravated battery was proven. I do not read section 810.02(2)(a) as narrowly as does the majority herein; rather I agree with Judge Harris that the legislature used the term "battery" in that statute in the generic sense intending that any type of battery would suffice to elevate the degree of burglary charged....
...However, allowing a conviction for aggravated battery to stand and conducting a subsequent prosecution for burglary with a battery, clearly would invoke the double jeopardy bars of the federal and state constitutions. [3] NOTES [1] §
784.045(1)(a), Fla. Stat. (1997). [2] §
810.02(1), (2)(a)-(b), Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1997 WL 86047
...State,
645 So.2d 987 (Fla.1994), cert. denied, ___ U.S. ___,
115 S.Ct. 2559,
132 L.Ed.2d 812 (1995); Danzy v. State,
603 So.2d 1320 (Fla. 1st DCA 1992). See also Janes v. State,
585 So.2d 424 (Fla. 1st DCA 1991). Here, the information references a violation of section
810.02(3), Florida Statutes (1993), rather than section
810.02(2)(a). The state correctly points out, however, that the other language in the information alleges all the necessary elements of section
810.02(2)(a), which is a first-degree felony punishable by life. Because the information recited the appropriate factual description of a violation of section
810.02(2)(a), we treat the citation to the incorrect statute as a scrivener's error and remand this case for correction of the judgment to indicate a conviction under section
810.02(2)(a)....
CopyCited 12 times | Published | Supreme Court of Florida | 2008 WL 382710
...and Reed were committed in the course of a burglary. Carter either entered Reed's home uninvited with the intent to commit murder therein, or, notwithstanding an invitation, remained in her home to commit or attempt to commit a forcible felony. See § 810.02(1)(b)(1), (2)(c)....
...of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s.
893.02. §
775.051, Fla. Stat. (2002). [3] See §
921.141(5)(d), (i), Fla. Stat. (2002). [4] Prior to 2001, section
810.02, Florida Statutes, defined burglary as "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." §
810.02, Fla. Stat. (2000). In Delgado, this Court limited the "remaining in" language to situations where the remaining in was done surreptitiously.
776 So.2d at 240 (Fla.2000). In response, the Legislature amended sections
810.015 and
810.02 to abrogate Delgado....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2004 WL 1919989
..., 2002, in the County of Duval and the State of Florida did unlawfully enter or remain in a structure, to wit: a building, the property of John Joseph Persin, with the intent to commit an offense therein, to-wit: theft, contrary to the provisions of section 810.02(3), Florida Statutes....
...render an indictment fundamentally defective when the indictment references a specific section of the criminal code which sufficiently details all the elements of the offense. Id. Here, the body of the information charged appellant with violation of section 810.02(3), the statute and section for burglary, a second-degree felony; the second page of the Amended Information attached to the Order Granting New Trial cites section 810.02(3)(b), which specifically describes burglary of a dwelling....
CopyCited 11 times | Published | Supreme Court of Florida | 2001 WL 1839147
...till alive. After changing his clothes and cleaning himself up, Jimenez spoke to neighbors in the hallway and asked one of them if he could use her telephone to call a cab. Jimenez v. State,
703 So.2d 437, 438 (Fla. 1997). At the time of the murder, section
810.02(1), Florida Statutes (1991), defined burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or...
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1992 WL 220513
...Later the charge was upgraded to burglary of a dwelling. Mr. Britton maintains that running into a house with the intent to hide from pursuing officers is not burglary. [1] We conclude that this conduct can constitute burglary, and the evidence was sufficient to submit the issue to the jury. Section 810.02(1), Florida Statutes (1989), defines burglary as "entering or remaining in a structure or conveyance with the intent to commit an offense therein......
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 29 Fla. L. Weekly Fed. D 2247
...ffense. AFFIRMED. PALMER and TORPY, JJ., concur. NOTES [1] Frumenti filed a notice of supplemental authority in the trial court, which the court treated as a Rule 3.800(a) motion since Frumenti had nothing pending in the trial court at the time. [2] § 810.02(1), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 2002 WL 31600039
...fe fits within the exception to the definition of weapon found in section
790.001(13). L.B.,
700 So.2d at 373 n. 4. III. THE APPLICABLE STATUTES The burglary statute, which differentiates between simple and armed burglary, provides in relevant part:
810.02 Burglary. (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...if, in the course of committing the offense, the offender: . . . . (b) Is armed, or arms himself within such structure or conveyance, with explosives or a dangerous weapon. (3) ... Otherwise, burglary is a felony of the third degree, punishable [by a term of imprisonment not exceeding five years]. § 810.02, Fla....
...Because of this conviction, he was eligible for and received a sentence of life imprisonment. With this Court's clarification in L.B. of what constitutes a "common pocketknife," the maximum sentence Bunkley could have received for simple burglary would have been five years. See § 810.02(3), Fla....
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...denied,
454 U.S. 1059,
102 S.Ct. 610,
70 L.Ed.2d 598 (1981); Cochran v. State,
280 So.2d 42 (Fla. 1st DCA 1973), although we do not condone the improprieties. AFFIRMED. DAUKSCH, J., concurs. SCOTT, R.C., Associate Judge, dissents without opinion. NOTES [1] §
810.02, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2006 WL 1541064
...tried." McMillan,
832 So.2d at 948. Here, appellant was charged by an information that was captioned "Burglary (Dwelling)." The body of the charging instrument, however, alleged that appellant burgled a "structure," and it referenced *1182 sections
810.02(1) and
810.02(4)(a), Florida Statutes. Section
810.02(1) provides a general definition of burglary: (b) For offenses committed after July 1, 2001, "burglary" means: 1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter[.] Section
810.02(4)(a) outlines the elements for burglary of a structure or conveyance, a third degree felony: Burglary is a felony of the third degree, punishable as provided in s....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1989 WL 59580
...At the time Dakes entered the storeroom, the door leading to the room was unlocked; however, on the door were posted two signs: "authorized personnel only" and "associates only." Dakes was apprehended immediately upon leaving the store and was charged and convicted of burglary of an occupied structure in violation of section 810.02, Florida Statutes (1987), and petit theft. Dakes urges reversal of his burglary conviction because section 810.02(1) specifically exempts from its purview premises which are open to the public at the time the offense is committed. We hold that although the store itself was open to the public, the closed storeroom to which access was clearly restricted was not part of the premises open to the public, within the scope of section 810.02....
...erdict but corrected the judgment to reflect that the structure was unoccupied, it erroneously classified Dakes' crime as burglary of an unoccupied dwelling, a second degree felony. A retail store is not a dwelling. §
810.011(2), Fla. Stat. (1987). Section
810.02(3), Florida Statutes (1987), provides that burglary of an unoccupied structure which is not a dwelling is a felony of the third degree....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1997 WL 361278
...As she struggled, Bloch's head struck the alarm clock and set off the alarm. Startled, the man got off Bloch, left the bedroom and walked out the front door. Rohan was arrested and charged with crimes arising from both incidents. For the Roque incident, he was charged with burglary with an assault or battery under section
810.02(2), Florida Statutes (1995)(first degree burglary), and battery under section
784.03, Florida Statutes (1995)....
...sion not to sever. See Fla. R.Crim.P. 3.152(a)(2)(A); Crossley,
596 So.2d at 450. Rohan next argues, and the state concedes, that the convictions for battery cannot stand, in light of Rohan's convictions for burglary with an assault or battery under section
810.02(2)....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1998 WL 906905
...In these circumstances, there is no reason to allow Norris to withdraw his plea. On remand, Norris should simply be given a guidelines sentence. Accordingly, we vacate the sentence and remand for resentencing. Sentence VACATED; REMANDED for Resentencing. PETERSON and THOMPSON, JJ., concur. NOTES [1] § 810.02(3), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 2003 WL 22964652
...The sole issue is the validity of their burglary convictions. Both Braggs and Ruiz had direct appeals of their convictions pending when this Court decided Delgado v. State,
776 So.2d 233, 240 (Fla.2000), in which we held that the phrase "remaining in" found in Florida's burglary statute, section
810.02(1), Florida Statutes (1989), applied "only in situations where the remaining in was done surreptitiously." [2] After Delgado and during the 2001 legislative session, the Florida Legislature amended the burglary statute....
...nvited person to remain in the dwelling, structure, or conveyance surreptitiously. (2) It is the intent of the Legislature that the holding in Delgado v. State , Slip Opinion No. SC88638 be nullified. It is further the intent of the Legislature that s. 810.02(1)(a) be construed in conformity with Raleigh v....
...[2] The 1989 version of the burglary statute provided: "`Burglary' means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02(1), Fla. Stat. (1989). [3] The Legislature also enacted a new definition of burglary for crimes committed after July 1, 2001, that, among other changes, includes a definition of the "remaining in" language. See ch.2001-58, § 2, Laws of Fla. (codified at § 810.02(1)(b), Fla....
...[4] At the time Ruiz committed these offenses, burglary was defined as "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02(1), Fla....
...[5] At the time Braggs committed these offenses, burglary was defined as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02(1), Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...Ludin, Asst. Atty. Gen., for appellee. Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ. HENDRY, Judge. Appellant, a juvenile, appeals from an adjudication of delinquency arising from a determination that he was guilty of burglary, in violation of section 810.02, Florida Statutes (1983)....
...less it is apparent that no legally sufficient evidence has been submitted under which a jury could legally find a verdict of guilty, Lynch v. State,
293 So.2d 44, 45 (Fla. 1974), we accordingly affirm the order under review. [5] Affirmed. NOTES [1] §
810.02(1) provides, in pertinent part: "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein......
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...of fifteen years. But as Section
777.04(4)(c), Florida Statutes (1979), so plainly says, an attempt to commit a burglary of any degree [including a first-degree burglary in the course of which an assault is committed and the defendant is armed, see Section
810.02, Florida Statutes (1979)] still constitutes a third-degree felony....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1088
...Since the trial judge failed to give any written reasons for aggravating Hankey's punishment, we must vacate the sentence and remand for resentencing. State v. Jackson,
478 So.2d 1054 (Fla. 1985). VACATE SENTENCE; REMAND. UPCHURCH, C.J., and COWART, J., concur. NOTES [1] §
810.02(3), Fla. Stat. (1983). [2] §
810.02(1), Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...those reasons hardly justify its `leap' of six (6) guideline categories, i.e., from `any non-state prison sanction' to ten (10) years *1144 imprisonment without parole." Appellant entered a negotiated plea in consolidated cases to one count of burglary of a dwelling, a second degree felony under section 810.02(3), Florida Statutes (1983) and one count of burglary of a structure, a third degree felony under the same statute....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...as otherwise inclined to impose a lesser sentence. We believe the judge erred in this conclusion because of a misapplication of Section
775.087(1)(a), Florida Statutes (1977). [1] Burglary of a dwelling is normally a felony of the second degree, but Section
810.02(2)(b), Florida Statutes (1977), makes it a felony of the first degree when the perpetrator is armed or arms himself during the burglary....
...involved. That section, however, specifically states that it does not apply to a "felony in which the use of a weapon or firearm is an essential element... ." Accordingly, since use of a firearm was an essential element of burglary while armed under Section
810.02(2)(b), [3] the judge misconstrued the application of Section
775.087(1)(a) to appellant's conviction for that crime....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1988 WL 22999
...We reverse and remand for resentencing. Appellant entered negotiated pleas of guilty to two direct informations (Cases 86-117CF and 86-118CF), each charging a single count of burglary of a structure other than a dwelling, a third-degree felony, in violation of section 810.02(3), Florida Statutes (1985)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1988 WL 63448
...issue for appellate review. Holding that a violation of double jeopardy is fundamental error, see State v. Johnson,
483 So.2d 420 (Fla. 1986), and finding no waiver under the circumstances of this case, we will decide the double jeopardy issue. [2] Section
810.02(2)(b), Florida Statutes (1985) provides: (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1988 WL 74802
...On November 27, 1986, the appellee was arrested for the commission of several delinquent acts. On January 6, 1987, the state filed two petitions for delinquency. One of the petitions alleged that the appellee committed burglary of a conveyance in violation of section
810.02(3), Florida Statutes (1985), and the other petition alleged that he committed petit theft in violation of section
812.014(2)(c), Florida Statutes (1985)....
CopyCited 10 times | Published | Supreme Court of Florida | 1988 WL 1508
...We agree with the court below that this construction comports with the statute's plain meaning. Williams,
502 So.2d at 1309 n. 1. We see no reason to look beyond it. Petitioner also argues that because he was convicted of armed burglary pursuant to section
810.02(2), Florida Statutes, [2] his sentence already has been enhanced....
...of incarceration.
431 So.2d at 275. Moreover, a conviction for armed burglary requires only that the defendant be armed with a dangerous weapon; application of the mandatory minimum is limited to "firearms" and "destructive devices." Thus, sections
810.02(2) and
775.087(2) address different evils with regard to the nature of the offense as well as provide for essentially different types of enhancement....
...McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur. NOTES [1] Section
775.087(2) provides in relevant part: Any person who is convicted of: (a) any ... burglary........ and who had in his possession a "firearm," ... shall be sentenced to a minimum term of imprisonment of 3 calendar years. [2] Section
810.02(2)(b) provides in relevant part: (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment ......
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...proof of facts sufficient to raise the presumption and create a prima facie case of entering with intent to commit some offense unless such factual basis (i.e., the stealthy non-consensual entry) was alleged in the information. The burglary statute (§ 810.02, Fla....
...omplishing the burglary, intended to commit as a part of the intended burglary. Therefore, we hereby certify to the Florida supreme court the following questions of great public importance: In a prosecution for attempted burglary (§§
777.04(1) and
810.02, Fla....
CopyCited 10 times | Published | Supreme Court of Florida
...The victim, who was five months pregnant, was told that if she screamed, they would kill her children who were asleep in the bedroom. She was then raped and robbed by both men. Wicker was subsequently charged and convicted of three separate counts: burglary (section
810.02(2), Florida Statutes (1981)); involuntary sexual battery (section
794.011(3), Florida Statutes (1981)); and robbery (section
812.13(2)(a), Florida Statutes (1981))....
...actual physical force which is likely to cause serious personal injury. Conversely, the elements of burglary, as statutorily defined, are (1) entering or remaining in a structure or a conveyance; and (2) with the intent to commit an offense therein. § 810.02, Fla....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...Public Defender, for appellant. Robert L. Shevin, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen. and Lonworth Butler, Legal Intern, for appellee. Before PEARSON, HENDRY and NATHAN, JJ. HENDRY, Judge. Appellant was charged with and convicted of burglary, in violation of Section 810.02, Florida Statutes (1975)....
...Upon arrival, police found appellant hiding under a van in the parking area. There was no evidence of actual entry into the building itself. The primary point for our consideration is whether the trial court erred in denying appellant's motion for judgment of acquittal in light of Sections
810.02 and
810.011(1), Florida Statutes (1975)....
...lied sub judice, where the information charged and the evidence showed only that appellant had unlawfully entered the parking area of a commercial establishment with the intent to commit an offense therein. In light of the clear language of Sections
810.02 and
810.011, Florida Statutes (1975), we must reject appellant's contention. Section
810.02 provides: "(1) `Burglary' means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter...
CopyCited 10 times | Published | Supreme Court of Florida | 2005 WL 425409
...he did not know that they were using his car to commit various robberies, and that he only unloaded the stolen cargo, having no knowledge that the goods were stolen, in order to keep the goods from dirtying his seats. Walker was charged pursuant to section 810.02(3), Florida Statutes (2001), with one count of burglary of a dwelling, a second-degree felony....
...out in the context of the individual case. That is what our jury system is all about. That was why we condemned judicial comment on the evidence in 1896 in Lester and why we should be standing by that policy today. PARIENTE, C.J., concurs. NOTES [1] Section 810.02(3), Florida Statutes (2001), states: Burglary is a felony of the second degree, punishable as provided in s....
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...The first point on appeal, however, compels reversal of Cochenet's conviction of a first-degree felony for count one. The amended [1] information under which Cochenet was tried in count one read: RICHARD ALLAN COCHENET in said County and State, did, in violation of Florida Statute 810.02(2)(a)(b), enter or remain in a certain structure, to-wit: a dwelling located in the vicinity of Lot 147 Country Club Village, 1080 South Airport *399 Road, Kissimmee, in the County and State aforesaid, the property of Karl Gilbert Graf, Jr....
...bert Graf, Jr. by pointing a rifle at Karl Gilbert Graf, Jr. and placing him in fear, and that at the time the said premises were not open to the public and the said RICHARD ALLAN COCHENET was not licensed, invited, or authorized to enter or remain. Section 810.02(2)(a), Florida Statutes (1981), provides for enhancement of burglary to a felony of the first degree if, in the course of committing the offense, the offender makes an assault upon any person....
...the trial court, pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the entry of judgment of conviction against Cochenet under count one for a first-degree felony, and remand for entry of judgment for a second-degree felony pursuant to section 810.02(3), Florida Statutes (1981)....
...State,
440 So.2d 392 (Fla. 5th DCA 1983). NOTES [1] The information was amended during trial by express agreement of the parties to delete the allegation that Cochenet was armed with a dangerous weapon during the course of committing said burglary. See §
810.02(2)(b), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...Williams ran from the house and was apprehended a short time later. At the time of the offense, the victim's children were asleep in a bedroom in the house and her husband was away at work. Williams was charged by information with the first degree felony of burglary pursuant to Section
810.02(2), Florida Statutes (1983), and the second degree felony of sexual battery pursuant to Section
794.011(5), Florida Statutes (1983)....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 844
...rm to the victim. His record while on probation and previously in prison shows defendant unable to conform himself or his behavior to acceptable norms. Brooks was adjudicated guilty of three charges of second degree burglary. The applicable statute, Section 810.02(3), Florida Statutes (1983), provides in relevant part: If the offender does not make an assault or battery or is not armed, or does not arm himself, with a dangerous weapon or explosive ......
...Brooks contends the fact that the dwellings were occupied is a factor inherent in the crime of burglary, and cannot serve as a basis for departure. See: Carney v. State,
458 So.2d 13 (Fla. 1st DCA 1984); Tompkins v. State,
483 So.2d 115 (Fla. 2d DCA 1986). We disagree. Section
810.02(3) contemplates entry of a dwelling or entry of a structure while a human being is in the structure....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...It is not our purpose to discuss the technical prerequisites for the introduction of such a diagram into evidence; however, it is highly desirable that this evidence be available in the event of an appeal. Secondly, we will discuss Sections
810.011(1) and
810.02, Florida Statutes, as they relate to the facts of this case....
...The appellant was charged, by Information, with having unlawfully entered or remained on the curtilage of a structure, property of R. Drummond, with intent to commit the offense of larceny therein, and, in the course thereof, was armed with a dangerous weapon, to-wit: a pistol, contrary to Florida Statutes 810.02(3)....
...[1] The premises in this case involved a structure which was a place of business. We must, therefore, determine whether the language of the Florida Statutes (Section
810.011(1) and Section 810.01) are sufficiently informative to those of common understanding. The constitutionality of
810.02, Florida Statutes (1975), is not in question. Riddle v. State,
345 So.2d 1073 (Fla. 1977), also see Simmons v. State,
354 So.2d 1211 (Fla. 1978). Section
810.02 of the Florida Statutes (1975) provides: "
810.02 Burglars.- "(1) `Burglary' means entering and remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or rem...
...." Chapter 4405, Laws of Florida (1895). (Emphasis supplied.) The Florida Legislature thereafter enacted Section 810.01, which provided a distinguishable standard for breaking and entering a dwelling house and that of other buildings. With the enactment of the present Section 810.02, Florida Statutes (effective October 1, 1975), Section 810.01 was abolished and the common law definition of curtilage was expanded to apply to any buildings of any kind, either temporary or permanent, which had a roof over it....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 496162
...Accordingly, only one count of home-invasion robbery properly could be charged. Second, the home-invasion robbery convictions are vacated because the crime of burglary with assault is subsumed by the offense of home-invasion robbery. See §§
775.021,
810.02(1),
810.02(2)(a),
812.135,
812.13(1), Fla.Stat....
...In the instant case the subsumed crime, burglary with assault, is a greater offense. We therefore vacate the conviction for home-invasion robbery. In addition, on remand, the judgment must be corrected to reflect that burglary with assault is a first degree felony punishable by life. § 810.02(2)(a), Fla.Stat....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1998 WL 654083
...Under the traditional Blockburger [2] analysis, burglary with a battery or assault and robbery are separate offenses because each offense contains one or more essential elements that the other does not. Burglary requires the entering or remaining in a conveyance with the intent to commit an offense therein. See § 810.02(1), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...Public Defender, Tampa, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee. SCHEB, Judge. Appellant was charged by separate informations with the crimes of burglary of a dwelling and burglary of a structure contrary to Section 810.02, Florida Statutes (1975)....
...t the time appellant committed the crime. Such an allegation is essential to the charge where a structure, as opposed to a dwelling, is involved in order for the crime to be a second degree felony which carries a maximum punishment of fifteen years. Section 810.02(3), Florida Statutes (1975)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1997 WL 557646
...s described in s.
776.08 ...." §
775.084(1)(c), Fla. Stat. (1995). Under section
776.08, "forcible felony" includes burglary. Depending on the circumstances, burglary may or may not involve violence, or the threat of violence, against a person. See §
810.02, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...Minerva, Public Defender, Theodore E. Mack, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., Charles W. Musgrove, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant was charged by information with (1) burglary (with a dangerous weapon) in violation of F.S. 810.02 and F.S....
...the grand larceny conviction which was affirmed is for stealing a firearm. If the jury could find that Appellant stole the firearm, the only thing missing from the victim's home, it could also find him guilty of the higher degree of burglary, since Section 810.02(2)(b), Florida Statutes, reads as follows: `(b) Is armed, or arms himself within such structure, with explosives or a dangerous weapon.' (emphasis added)" Appellant's petition for rehearing argues: "If there was insufficient evidence t...
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1999 WL 993084
...That rule is plainly applicable in this case, in which the totally circular instruction which was actually giventhat burglary consists of entering premises with the intent to commit a burglaryentirely eliminated the crucial element of the intent to commit another, different offense. § 810.02(1), Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...Public Defender, and H. Joseph McGuire, Legal Intern, West Palm Beach, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., West Palm Beach, for appellee. OWEN, Chief Judge. Appellant was charged under F.S. Section 810.02, F.S.A., with the crime of breaking and entering a building with intent to commit a felony therein, to-wit: grand larceny....
CopyCited 9 times | Published | Supreme Court of Florida
...The decision of the district court of appeal is quashed in part and approved in *1077 part and remanded with directions to reinstate the convictions and sentences for the first-degree felony of burglary. It is so ordered. ALDERMAN, C.J., and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur. NOTES [*] Section 810.02, Florida Statutes (1979), provides: (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...tructure, to-wit: a dwelling, located at 2320 Northeast 33rd Street, Lighthouse Point, property of Leroy and Lois Eger, with intent to commit the offense of Robbery therein, and in the course thereof did make an assault upon Lois Eger, contrary to F.S. 810.02(1) and F.S. 810.02(2), and F.S....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...looking for the light switch. To this sworn motion the state demurred, alleging that all of the foregoing was irrelevant, immaterial or not sufficient in law to constitute grounds for dismissal. The trial court granted the sworn motion. We reverse. Section 810.02(1), Florida Statutes (1979), provides: "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 20 Fla. L. Weekly Fed. D 1555
...Before BARKDULL and HUBBART and COPE, JJ. HUBBART, Judge. This is an appeal by the defendant Henderson Nurse from judgments of conviction and sentences for (1) attempted burglary of an unoccupied structure, a third degree felony [§§
777.04(4)(c),
810.02(3), Fla. Stat. (1991)], as a "lesser included offense" of the charged offense of burglary of an unoccupied structure, also a third degree felony [§
810.02(3), Fla....
...Cases,
543 So.2d at 1208. Unfortunately, the above penalty criterion was we think inadvertently not followed by the Committee in one respect in drafting the schedule of lesser included offenses, namely, as to burglary of an unoccupied structure [§
810.02(3), Fla. Stat. (1991)] under which attempt [§§
777.04(4)(c),
810.02(3), Fla....
...In my view the majority analysis is contrary to Florida Rule of Criminal Procedure 3.510(a), section *1082
777.04, Florida Statutes (1991), and State v. Bruns,
429 So.2d 307 (Fla. 1983). The conviction should be affirmed. I. Defendant was charged with burglary of an unoccupied structure in violation of subsection
810.02(3), Florida Statutes (1991)....
...1981), one offense cannot be a lesser offense of another if both have the same penalty; that Ray applies to attempts; and that the instruction was therefore improper. Defendant recognizes that the Schedule of Lesser Included Offenses lists attempt as a permissible charge where the main charge is burglary under subsection 810.02(3), [3] but argues that the Schedule of Lesser Included Offenses is in error on this point....
...tative compilation upon which a trial judge should be able to confidently rely." In the Matter of Use by Trial Courts of Standard Jury Instructions,
431 So.2d 594, 597 (Fla.), modified,
431 So.2d 599 (Fla. 1981). For the offense of burglary under subsection
810.02(3), the Schedule lists "attempt" as a permissible charge....
...There was no evidence that the defendant tried, but was unsuccessful in reaching into the tool shed; he, in fact, did enter the tool shed with his hand with larcenous intent which amounts to a completed burglarious entry of an unoccupied structure. § 810.02(3), Fla....
...[1] Defendant was also convicted of petit theft and resisting an officer without violence. He does not challenge those convictions. [2] The defendant was charged with the residual offense of burglary of an unoccupied structure which (under the circumstances present here) is a third degree felony. § 810.02(3), Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1990 WL 91906
...There was testimony that he did not appear intoxicated. His excuse for being in the apartment was that he mistook it for the home of a friend. He left and was found asleep in a laundry room less than an hour later. The first issue is whether a pocket knife is a "dangerous weapon" within the meaning of section 810.02(2)(b), Florida Statutes (1989)....
...0, particularly where common sense dictates that a definition set forth there may have perfectly reasonable application elsewhere." Id. at 1031. Similarly in this case we see no reason not to look to the definition in section
790.001(13) in applying section
810.02(2)(b)....
...The motion suggested a reduction from burglary to the lesser-included crime of trespass. In order to obtain a conviction for burglary, the state must prove two elements: (1) unauthorized entry or remaining in a structure or conveyance, and (2) a specific intent to commit an offense therein. § 810.02(1), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1539705
...nders used or threatened to use a deadly weapon (knife). Sanders was also charged with armed kidnapping to facilitate a felony, in violation of section
787.01, Florida Statutes (2001); burglary with an assault or battery while armed, in violation of section
810.02, Florida Statutes (2001); and attempted armed robbery with a deadly weapon, in violation of section
812.13, Florida Statutes (2001)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2001 WL 9833
...[2] The original opinion was issued on February 3, 2000. A corrected opinion was issued on August 24, 2000. Although there were substantial changes in the revised opinion, the ruling at issue remained unchanged in both opinions. [1] Delgado v. State , 24 Fla. L. Weekly S631 (Fla. Feb. 3, 2000). [2] § 810.02(1), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 112
...of burglary and sentencing him as a habitual offender beyond the sentencing guidelines. We affirm the conviction but vacate the sentence and remand for resentencing. Fleming was charged in an information on May 1, 1984, with burglary in violation of section 810.02, Florida Statutes....
CopyCited 9 times | Published | Florida 5th District Court of Appeal
...shall be deemed to have been waived. Rule 3.190(c), Fla.R.Crim.P. As did the court in Fields, we agree that the information was defective, but not fatally so. The judgment of conviction is therefore AFFIRMED. COBB and COWART, JJ., concur. NOTES [1] § 810.02(1), Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2001 WL 60814
...Affirm convictions for armed burglary and failure to appear and two counts of grand theft; vacate two convictions and sentences for grand theft; and remand for clarification or resentencing on the burglary offenses. AFFIRMED in part; REVERSED in part; REMANDED. HARRIS, J., and ORFINGER, M., Senior Judge, concur. NOTES [1] § 810.02(1) and (2)(b), Fla.Stat....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2008 WL 183645
...The petition alleged that this incident was an assault under section
784.011 of the Florida Statutes, an aggravated assault *1133 under section
784.021 of the Florida Statutes ("because it was committed with a deadly weapon and/or with an intent to commit a felony, burglary under Florida Statute
810.02"), and stalking and aggravated stalking under section
784.048 of the Florida Statutes....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2005 WL 293082
...uing that the State did not prove that the defendant remained in the premises surreptitiously or that consent had been withdrawn, as required by Delgado. The defendant's reliance upon Delgado, however, is misplaced as the Florida Legislature amended section 810.02(1)(b), Florida Statute, on July 1, 2001. As the offense of burglary in this case occurred on November 12, 2001, the burglary statute as amended applies. Section 810.02(1)(b), Florida Statutes (2001), provides: (b) For offenses committed after July 1, 2001, "burglary" means: 1....
...4) remained to commit a forcible felony. In the instant case, when viewing the evidence in the light most favorable to the State, when the defendant re-entered ("remained in") the victim's home, he did so with the intent to commit a forcible felony, § 810.02(1)(b)(2)(c), Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2002 WL 215474
...Under the applicable version of the burglary statute, "`Burglary' means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02(1), Fla....
...d person to remain in the dwelling, structure, or conveyance surreptitiously. (2) It is the intent of the Legislature that the holding in Delgado v. State , Slip Opinion No. SC88638 be nullified. It is further the intent of the Legislature *660 that s. 810.02(1)(a) be construed in conformity with Raleigh v....
...Unlike the majority, however, I believe that we must affirm the appellant's conviction for burglary with an assault based upon Jimenez v. State, 26 Fla. L. Weekly S625,
2001 WL 1130073 (Fla. Sept. 26, 2001). In Jimenez, the Supreme Court acknowledged that it had misconstrued the legislative intent of the burglary statute, section
810.02(1)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1584, 2011 WL 479883
...Specifically, count I of the Second Amended Information alleged that on January 2, 2009, Mr. McKiver did unlawfully enter or remain in a structure, to wit: a dwelling, the property of Rhonda Carmichael, with the intent to commit an offense therein, contrary to Section 810.02(3)(b), Florida Statutes....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...August 4, 1978. Robert L. Shevin, Atty. Gen., Tallahassee and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant. Robert E. Jagger, Public Defender and Michael C. Cheek, Sp. Asst. Public Defender, Clearwater, for appellee. *216 RYDER, Judge. Section 810.02, Florida Statutes (1977) defines burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein ..." This case presents the novel question of whether the State may charge a defendant with...
...[1] After long and careful consideration of this question, we have decided that the answer thereto is yes. On July 21, 1977, the State filed an information in which it is alleged that appellee unlawfully entered a vehicle with intent to commit grand larceny in violation of Section 810.02....
...mentioned in the information was grand larceny of the same vehicle which he supposedly burglarized. The State failed to traverse the motion, thereby admitting this allegation. At the hearing on the motion, appellee argued that the word "therein" in Section 810.02 required that the offense which a person has the intent to commit must be capable of being committed within the vehicle....
...le by sitting within the vehicle's passenger compartment and pressing the accelerator. Appellee contends that even if we cannot accept the trial court's ruling, we should affirm the result contained therein because the legislature did not intend for Section 810.02 to cover the factual situation presented by this case....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1995 WL 232676
...er; the issue is whether, by the manner in which it enacted section
316.193, the legislature intended that all of the deaths resulting from a single act of driving under the influence could be prosecuted under this particular statute. In considering section
810.02, Florida Statutes (1981), another statute structured similarly to the one in our case, the supreme court held: Committing an assault during a burglary and being armed during a burglary are two grounds upon which a charge of burglary can be enhanced in seriousness under section
810.02, Florida Statutes (1981)....
...is guilty of a felony of the third degree ... 3. The death of any human being is guilty of DUI manslaughter, a felony of the second degree.... Melbourne argues that since the structure of this statute is similar to that in both sections
322.34 and
810.02, it should be construed to reach a similar result....
...ous consequence than had the additional elements not occurred. In section
322.34(3), death or great bodily injury are considered together to form only one new felony, while section
316.193(3) treats them separately and forms two new felonies. But in section
810.02, additional elements form three new felonies....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2001 WL 356141
...Tinker threatened her and told her to remain quiet. Eventually, after Tinker had pleaded with the victim to take him back and she had refused, he left the apartment. The victim then called the police and Tinker was taken into custody. Tinker was charged with burglary with a battery in violation of section 810.02(2)(a), Florida Statutes (1997), for entering or remaining in the dwelling of the victim "with the intent to commit an offense therein, and during the course thereof did commit a battery upon [the victim] by actually and intentionally t...
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 2120
...O'Neill, Asst. Public Defender, Daytona Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. The defendant originally plead guilty to burglary of a structure, (section 810.02, Florida Statutes (1985))....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 588188
...ods of probation (2 years, 9 months and 10 days) equals 15 years, 3 months, and 10 days. Burglary of a dwelling is a second-degree felony with a maximum term of imprisonment not exceeding 15 years. See section
775.082(3)(c), Florida Statutes (1989); section
810.02(3), Florida Statutes (1989)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1997 WL 640731
...go to trial, but agree, as does the State, that there is a scoresheet error. We therefore affirm the conviction, but remand for resentencing based on a corrected guidelines scoresheet. FARMER and SHAHOOD, JJ., concur. NOTES [1] The burglary statute, section
810.02, Florida Statutes, refers to both dwellings and structures, and both terms are defined in a similar manner in section
810.011.
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2229
...Blanco, Asst. Atty. Gen., Tampa, for appellee. *881 PER CURIAM. The appellant, George Bass, argues that the trial court erred in sentencing him. We affirm in part and reverse in part. On February 6, 1985, appellant was charged with burglary, a violation of section
810.02, Florida Statutes (1985), and battery, a violation of section
784.03, Florida Statutes (1985)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1999 WL 817910
...ee. Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee/cross-appellant. GROSS, J. Johnny Gordon appeals his conviction for burglary of an occupied dwelling. See § 810.02(3)(a), Fla....
...l 911. The police caught Gordon and the victim identified him. On his way to the police cruiser, he dropped the victim's watch to the ground. When asked by the booking officer at the jail if he had a "painful dental problem," Gordon responded, "No." Section 810.02(1), Florida Statutes (1997), defines burglary: "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...(citing State v. Ortiz, 92 N.M. 166, 584 P.2d 1306, 1308 (Ct.App.1978)). In this case, as in Howard, Gordon used "trick or fraud," the feigned toothache, to gain entry into the victim's home. This is sufficient to show an unlawful entry within the meaning of section 810.02(1)....
CopyCited 8 times | Published | Supreme Court of Florida | 2001 WL 298977
...stand because the State did not establish an essential element of this crime, i.e., burglary. Johnson asserts that because the convenience store was open to the public when he entered, his conduct in this case is excluded from the burglary statute. Section 810.02(1), Florida Statutes (1995), defines burglary: "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. This is an appeal from the trial court's denial of the appellant's motion to dismiss the charge of burglary of a conveyance under Section 810.02(3), Florida Statutes (1977)....
...The charge alleges that defendant opened the hood of a 1971 Datsun automobile intending to remove the battery. No charge is made that he entered the passenger compartment. Appellant argues that it is not burglary, under the plain meaning of Sections
810.02(1) and
810.011(2), Florida Statutes (1977), to "enter" the engine compartment, without "entering" the passenger compartment. We disagree. Section
810.02(1) defines burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein." Section
810.011(2) defines conveyance as "any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or...
...ing that the entering must be into the passenger compartment. There is no distinction between entering the engine compartment, the passenger compartment, or the trunk as far as its being an "entering" as prohibited by the obvious wording of Sections
810.02(1) and
810.011(2), Florida Statutes (1977)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2000 WL 986586
...Fuston's sentence is not illegal under these authorities. According to Fuston's own motion, he pleaded nolo contendere to burglary of an occupied building. If no aggravating factors were present, that offense constitutes a second-degree felony. See § 810.02(3)(c), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2002 WL 1466839
...Henig was charged with burglary of a dwelling. The information alleged that Henig did "unlawfully, enter or remain in a structure, to wit: ... property of Deborah Stevens, with intent to commit a the [sic] offense of Assault therein, contrary to F.S. 810.02(1) and F.S. 810.02(3)(b)" (burglary *1039 of an unoccupied dwelling)....
...ot be harmless where Henig was convicted on the erroneously instructed offense of trespass with a human being present. We, therefore, reverse and remand for further proceedings consistent with this opinion. GUNTHER and FARMER, JJ., concur. NOTES [1] Section 810.02(1), Florida Statutes, concerns burglary of a dwelling and section 810.02(3)(b) covers burglary of an unoccupied dwelling.
CopyCited 8 times | Published | Supreme Court of Florida
...a dangerous weapon, to-wit: a knife." Thus the theory upon which the state chose to treat petitioner as an adult by seeking a grand jury indictment was that he was allegedly an aider and abettor of armed burglary, an offense punishable by life imprisonment. § 810.02(2)(b), Fla....
...39.06(7) unless and until an indictment on such charge is returned by the grand jury. When an indictment is returned, the petition for delinquency, if any, shall be dismissed; and the child shall be tried and handled in every respect as if he were an adult. [2] Section 810.02(2)(b) provides: (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1998 WL 64013
...only with polesis not a burglarizable "structure" within the meaning of the burglary statute. [1] We agree and reverse. Burglary of a structure is defined as entering or remaining in a "structure" with the intent to commit an offense therein. See § 810.02(1), Fla....
...). GROSS, J., concurs. POLEN, J., dissents with opinion. POLEN, Judge, dissenting. I would affirm the trial court's denial of appellant's motion to dismiss, either on the grounds that the carport meets the statutory definition of a "structure" under section 810.02(1), Florida Statutes (1995), or at the very least, it constitutes part of the curtilage of a structure....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 WL 883156
...committed a trespass, which is a necessary lesser included offense of burglary, we remand for entry of a trespass finding and a new disposition hearing. To prove that R.C. committed burglary of a dwelling, the State had to show that he entered or remained in the dwelling with the intent to commit an offense once inside. See § 810.02(1), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1800703
...The defendant also argues, as a matter of fundamental error, that the burglary instructions should have eliminated the "remaining in" portion of the standard jury instruction for burglary. At the time of defendant's crime the burglary statute provided: 810.02 Burglary. (1) "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain. § 810.02(1), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11408, 2010 WL 3034890
...McGinnes, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee. CLARK, J. James Jacobs was convicted as charged with burglary of a dwelling in violation of section 810.02(3), Florida Statutes....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...On appeal, they contend that the act of siphoning gasoline from an automobile will not support a charge of or conviction for burglary, which is defined as "entering or remaining *1220 in a structure or a conveyance with the intent to commit an offense therein... ." § 810.02(1), Fla. Stat. We agree and reverse. The appellants were apprehended as they attempted to siphon gasoline from two (2) cars. They were charged with burglary of a conveyance under § 810.02, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1990 WL 130232
...of the weapon at the mother during the course of the robbery. By contrast, the conviction of *884 burglary was enhanced to a first degree felony based on charges that Perez was armed and/or made an assault or battery on all of the three victims. See § 810.02(2), Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 2000 WL 1675969
...is codefendant, he had removed the missing tires from the car. [1] Subsequently, Drew and Wright were charged by information with petit theft, possession of burglary tools, and burglary of a conveyance in violation of sections
812.014(3),
810.06 and
810.02(4), Florida Statutes (1997), respectively....
...yances: Burglary means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain. § 810.02(1), Fla....
...State,
377 So.2d 684 (Fla.1979), and, based upon that construction, rejected a claim that the statutory definition of burglary was unconstitutionally vague or overbroad. In rejecting the claim of overbreadth we accepted the State's proffered interpretation of the statute: The state responds that the word "therein" in section
810.02(1) requires that when the entering of a conveyance is committed, there must be an intent to commit an offense "therein," citing State v....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1995 WL 675383
...Butterworth, Attorney General, Tallahassee, and William A. Spillias, Assistant Attorney General, West Palm Beach, for appellee. SHAHOOD, Judge. K.O., a child, appeals from an order adjudicating him delinquent for the offense of burglary of a conveyance in violation of section 810.02, Florida Statutes....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1999 WL 266388
...ged below."). We therefore review the issue to determine whether fundamental error exists. In the instant case, appellant argues that under the burglary statute, entry into premises open to the public is excluded from the definition of burglary. See § 810.02(1), Florida Statutes (1995)....
...See Dakes v. State,
545 So.2d 939, 940 (Fla. 3d DCA 1989)("We hold that although the store itself was open to the public, the closed storeroom to which access was clearly restricted was not part of the premises open to the public, within the scope of section
810.02."); Florida Standard Jury Instructions in Criminal Cases, Burglary §
810.02 (July 1997)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1235131
...gment of dismissal. A conviction for the crime of burglary of a dwelling requires proof of: (1) knowing entry into a dwelling, (2) knowledge that such entry is without permission, and (3) criminal intent to commit an offense within the dwelling. See § 810.02(1)(b), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2006 WL 536609
...We vacate the order denying appellant's motion for new trial, along with his judgment and sentence, and remand for further proceedings. The motion for new trial was filed within ten days of the verdict that found Mr. Ramirez guilty of burglary of a dwelling in violation of section 810.02(3), Florida Statutes (2002)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2007 WL 935730
...tion filed against Felix Perez on charges of burglary. Because the trial court based its ruling on an incorrect version of the statute of limitation, we reverse. For offenses occurring on May 27, 1998, Perez was charged with burglary in violation of section 810.02(3), Florida Statutes (1997)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...se with intent to commit a felony. The information incorrectly charged Tukes with violating Section 810.01, Florida Statutes (1973). The statute covering such an offense was repealed by Chapter 74-383, section 66, Laws of Florida and was replaced by Section 810.02, Florida Statutes (Supp....
...State,
188 So.2d 61 (Fla. 3rd DCA 1966); Johnson v. State,
190 So.2d 601 (Fla. 3rd DCA 1966). In the latter two cases the Third District Court of Appeal remanded cases to the trial court with directions to enter judgments for lesser offenses under Section
810.02. This cause is remanded to the trial court with directions to reduce Tukes' sentence to that provided for third degree felonies as stated in Sections
810.02(3) and
775.082(3)(d)....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...Appellant contends that the information charging him with burglary was deficient because it did not allege that his entry into the structure was without the consent of the person alleged to be the owner or custodian thereof. In Hicks v. State,
407 So.2d 252 (Fla. 5th DCA 1981), we held that under the burglary statute, section
810.02(1), Florida *853 Statutes (1979), non-consensual entry into the premises was an essential element of the crime of burglary, and failure to allege the element of non-consent made the information susceptible to dismissal upon proper motion....
...State holds that mere reference in an information to a criminal statute number is sufficient to meet this constitutional duty, then that case should not be followed. That proposal is especially erroneous here where the information refers only to Florida Statute 810.02 and that section has three subsections covering burglary, first degree burglary and second degree burglary under a variety of alternative factual circumstances....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1998 WL 390560
...burglary or trespass shall be guilty of a felony of the third degree.... Florida Statutes define burglary as follows: "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein.... § 810.02(1), Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168
...r submission to the Court. Having considered the Committee's report and the comments filed, we authorize the publication and use of the amended instructions as discussed below. [1] Consistent with the Legislature's amendment to the burglary statute, section 810.02, Florida Statutes, the amendments to instruction 13.1 add the offense of burglary of an authorized emergency vehicle, a second-degree felony, as well as the first-degree felony of burglary in a county that is subject to a state of emer...
...New language is indicated by underlining, and deleted language is struck through. The instructions as set forth in the appendix [3] shall be effective on the date that this opinion becomes final. It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, CANTERO, and BELL, JJ., concur. APPENDIX 13.1 BURGLARY § 810.02, Fla....
...ght after the attempt or commission. *568 Lesser Included Offenses ----------------------------------------------------------------------------------- BURGLARY WITH ASSAULT OR BATTERY OR WHILE ARMED OR WITH USE OF MOTOR VEHICLE OR PROPERTY DAMAGE
810.02(2) ------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------ Burglary
810.02(4) 13.1 ------------------------------------------------------------------------------------ Aggravated battery
784.045 8.4 ------------------------------------------------------------------------------------ Battery
784.03 8.3 ---------------...
...---------------------------- Assault
784.011 8.1 ------------------------------------------------------------------------------------ Attempt
777.04(1) 5.1 ------------------------------------------------------------------------------------ Burglary
810.02(3) 13.1 ------------------------------------------------------------------------------------ Trespass
810.08(2)(a) 13.3 ------------------------------------------------------------------------------------ Trespass
810.08(2)(b) 13.3 -----------...
...---------------------------------- ------------------------------------------------------------------------------------ BURGLARY OF DWELLING; BURGLARY OF STRUCTURE OR CONVEYANCE WITH HUMAN BEING INSIDE; BURGLARY OF AN AUTHORIZED EMERGENCY VEHICLE
810.02(3) ------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------ Burglary
810.02(4) 13.1 ------------------------------------------------------------------------------------ Attempt
777.04(1) 5.1 ------------------------------------------------------------------------------------ Trespass
810.08(2)(a) 13.3 ----------------...
...------------- Trespass
810.08(2)(b) 13.3 ------------------------------------------------------------------------------------ Trespass
810.08(2)(c) 13.3 ------------------------------------------------------------------------------------ BURGLARY
810.02(4) ------------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA....
...See Gian-Grasso v. State,
899 So.2d 392 (Fla. 4th DCA 2005). This instruction was adopted in 1981 and amended in 1985 [
477 So.2d 985], 1997 [
697 So.2d 84], 2003 [
850 So.2d 1272], and 2008. It should be given for offenses committed after July 1, 2001. See §
810.02, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1998 WL 4096
...The burglary statute defines burglary as "entering or remaining in a dwelling, a structure, or a conveyance with intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02(1) Fla....
...Accordingly the trial court was correct in denying the Motion for Judgment of Acquittal. Appellant further argues that the trial court erred in placing him on community control for five and one-half years. Appellant was adjudicated guilty of burglary, a third degree felony under section
810.02(4), Florida Statutes (1995), and petit theft, a second degree misdemeanor under section
812.014(3)(a), Florida Statutes (1995)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1989 WL 2064
...Gen., Kurt L. Barch, Asst. Atty. Gen., for appellee. NIMMONS, Judge. Cleveland Spradley, Jr. appeals from final judgments and sentences by which he was convicted and sentenced, pursuant to jury trial, for: (1) burglary with a battery, in violation of Section
810.02(2)(a), Florida Statutes; [1] (2) battery, in violation of Section *1059
784.03, Florida Statutes; and (3) petit theft, in violation of Section
812.014, Florida Statutes....
...that it seeks to protect a particular class or remedy a special problem, or other relevant factors.
515 So.2d at 167. In the instant case, appellant was convicted and sentenced for the first degree felony of burglary with a battery, in violation of Section
810.02(2)(a), and the first degree misdemeanor of simple battery, in violation of Section
784.03. Unlike the Missouri Legislature in Hunter, the legislature in our case has not made it "crystal clear" that it intended to convict and punish a defendant for both a simple battery under Section
784.03, and burglary under Section
810.02(2)(a), which is enhanced to a first degree felony punishable by life by reason of the commission of the battery....
...fenses twice.
515 So.2d at 165, 167. Finally, we are of the view that the state's reliance upon Wicker v. State,
462 So.2d 461 (Fla. 1985) (held defendant lawfully convicted and sentenced for the offenses of the first degree felony of burglary under Section
810.02(2)(a) and sexual battery) is misplaced....
...m. THOMPSON and BARFIELD, JJ., concur. NOTES [1] The crime of burglary, generally a third degree felony, is elevated to a first degree felony punishable by life if the defendant commits an assault or battery in the course of committing the burglary. Section 810.02(2), Florida Statutes, provides: (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 201816
...Accordingly, we recede from that portion of Henderson which conflicts with our ruling here, affirm Washington's convictions, and certify conflict with Crawford. PATTERSON, C.J., CAMPBELL, THREADGILL, PARKER, ALTENBERND, BLUE, FULMER, WHATLEY, NORTHCUTT, GREEN, CASANUEVA, SALCINES, and STRINGER, JJ., Concur. NOTES [1] See § 810.02(2)(a), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 1626
“with the intent to commit an offense therein.” §
810.02(l)(b)(l), Fla. Stat. (2005). J.J.D. argues that
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1997 WL 86059
...In 1991 a jury convicted Nathan of burglary of dwelling with assault or battery with a deadly weapon, a firearm, and two other felonies. [1] In his rule 3.800 motion, Nathan attacks only the habitual offender sentence for the burglary charge. Nathan correctly points out that the punishment for that felony is provided by section 810.02(2)(a) and (b), Florida Statutes (1991), [2] and is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment....
...In reversing the sentence, the Third District Court stated: Defendant correctly argues that the judgment is in error in classifying the crime as a first degree felony. Here the state elected to charge defendant with burglary with an assault or battery. See § 810.02(2)(a), Fla....
...[5] PATTERSON and WHATLEY, JJ., concur. NOTES [1] The other two felonies were aggravated assault with a deadly weapon, a firearm, and grand theft motor vehicle. At sentencing, Nathan also was sentenced on one other felony and two misdemeanors. [2] Section 810.02, Burglary, provides: (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1998 WL 842796
...These facts do not support a burglary conviction. Burglary is defined, in pertinent part, as "entering or remaining in ... a conveyance with the intent to commit an offense therein, unless ... the defendant is licensed or invited to enter or remain." § 810.02, Fla.Stat....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...Subsequently, on April 18, 1983, an affidavit of violation of his probation was filed. Defendant pled guilty, his probation was revoked, and he was sentenced on the firearm charge on October 19, 1983. In a separate unrelated incident, defendant was charged on July 19, 1982, with armed burglary in violation of section
810.02(2) [1] *794 and grand theft pursuant to section
812.014....
...suant to rule 3.701(d)(4). Defendant next correctly argues that the court erred in scoring his primary offense of armed burglary. Armed burglary is a first degree felony punishable by imprisonment for a term of years not exceeding life imprisonment. § 810.02(2), Fla....
...Should the trial court impose a sentence outside the range recommended by the guidelines, then either party may appeal after resentencing. §§
924.06(1)(e),
924.07(9), Fla. Stat. (1983). GRIMES, A.C.J., and SCHOONOVER, J., concur. NOTES [1] The information alleged a violation of section
810.02(3) when it should have alleged section
810.02(2). However, defendant clearly was aware that he was being charged with armed burglary, a violation of section
810.02(2), and no prejudice resulted to defendant due to the incorrect citation....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1999 WL 641664
...of four years and about nine months. The defendant agreed to a sentence of five years for each count running concurrently. The State concedes the error, but properly points out that burglary with an assault is punishable by up to life imprisonment. § 810.02(2)(a), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2004 WL 1857604
...battery charges alleged in counts one, two and three in violation of section
794.011(2), Florida Statutes (2001), were life imprisonment concurrently for each count. The sentence imposed for the burglary charge alleged in count four in violation of section
810.02(2)(a), Florida Statutes (2001), was life imprisonment consecutive to counts one, two and three with HO and PRR classification....
...ainst him for sexual abuse of a minor. We affirm as to each. Hunsicker also asserts that the trial court erred in adjudicating him guilty of armed burglary. According to the judgment in the instant case, Hunsicker was adjudicated guilty of violating section 810.02(2)(a), Florida Statutes (2000), which specifically refers to burglary as a first-degree felony punishable by life imprisonment if the offender "makes an assault or battery upon any person...." The jury found Hunsicker guilty of burglar...
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1998 WL 60485
...mises or construction site ... with the *372 intent to commit ... [t]heft." The second count alleged that Mr. Henry "did unlawfully enter or remain in a structure, to-wit: a shed or trailer ... with the intent to commit ... [t]heft," in violation of section 810.02(3), Florida Statutes (1995)....
...The center building was held not to be part of the curtilage of either household (in part, however, because of the business use for which it was let). See also Hamilton,
660 So.2d at 1042-44 (Fla.1995)(collecting definitions of "curtilage"). The Current Statute Under section
810.02(3), Florida Statutes (1995), entering or remaining (without consent) in the curtilage with the intent to commit a crime in the curtilage, or the building which it surrounds, is a burglary of the structure, statutorily defined to consist of a "building ......
...ide a fenced compound, cannot be the "curtilage" of a structure not fenced off ("by some form of enclosure") from other structures within the compound. The State concedes that "the judgment and sentence should be corrected to show Appellant violated Section 810.02(4), Florida Statutes," which makes burglary of an unoccupied structure a third degree felony, not the second degree felony charged in each count of the information and erroneously recited in the judgment....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2006 WL 1154876
...West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine Germanowicz, Assistant Attorney General, for appellee. GROSS, J. Michael Resendes was arrested on a warrant for burglary of a dwelling, in violation of section 810.02(1) and (3), Florida Statutes (2005), a second degree felony....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2001 WL 387922
...We reverse the denial of rule 3.800 relief as to the HVFO sentence imposed upon defendant for count two of the information, which charged a life felony. The judgment in the record incorrectly reflects that defendant was found guilty of a first degree felony. Under section 810.02(2), Florida Statutes (1993), burglary is a first degree felony punishable by life imprisonment if, in the course of committing the offense, the offender either "(a) [m]akes an assault or battery upon any person," or "(b) [i]s armed, or...
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...1981. The affidavit included the appellant's full name, address, physical description, date of birth, and birth place. Thereafter, on January 23, 1981, the state filed an information charging the appellant with one count of burglary in violation of section 810.02, Florida Statutes (1981)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1995 WL 594347
...The appellant contends that the trial court erred in granting the state's motion for mistrial and that retrial would subject her to double jeopardy. We agree and reverse. The appellant entered a written denial to the charge of burglary of a structure, in violation of section 810.02(3), Florida Statutes (1993)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1997 WL 627542
...grand theft and carrying a concealed weapon. Martinez now appeals his conviction for burglary of a dwelling, arguing that his offense should be reduced to burglary of a structure because the garage he burgled was not a dwelling within the meaning of section 810.02, Florida Statutes (1995)....
...[3] Also, because 14 points were added to Martinez's scoresheet in case 95-3015 for the burglary of a dwelling conviction, instead of the 2.4 points which would be applicable to a burglary of a structure conviction, defendant must be resentenced in that case as well. [1] § 810.02(1), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...y-year sentence imposed on that charge was excessive. The burglary count of the indictment alleged that defendant "did unlawfully enter or remain in a certain dwelling ... with the intent to commit an offense therein, in violation of Florida Statute 810.02(3)." Since there was no allegation that defendant was armed or committed an assault during the course of the burglary, the crime charged was only a second-degree felony. § 810.02(3), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Appellant/defendant appeals his sentence for burglary of a dwelling. Appellant raises several points on appeal. We find merit in one and reverse and remand this cause for resentencing. On June 21, 1983, appellant was charged with armed burglary, contrary to section
810.02, Florida Statutes, and grand theft, contrary to section
812.014, Florida Statutes....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3302644
...nded to commit the crime of carrying a concealed firearm when he entered the victim's property, that the facts are legally adequate to prove resisting an officer without violence and thus, the elements under the burglary statute have been satisfied. § 810.02(b)(1), Fla....
...(2002); cf. Davis v. State,
761 So.2d 1154 (Fla. 2d DCA 2000), and, as a matter of law, the offense of resisting an officer without violence was legally adequate for the jury's consideration. §
843.02, Fla. Stat. (2002); Mosley; Calliar; Britton. §
810.02(b)(1), Fla....
...ed after July 1, 2001, "burglary" means: 1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter . . . § 810.02 (b)(1), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1999 WL 266617
...Count One of the amended petition alleged that between September 20-24, 1997, D.R. "did unlawfully enter or remain in a structure," the dwelling of Eric Brandon on Lot 12, "with intent to commit the offense of theft or some offense therein." The pertinent sections of the burglary statute state: 810.02 Burglary.___ (1) "Burglary means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a: * * * (b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains; § 810.02, Fla....
...admitted the first element knowingly entering the dwellinghe denied the second (knowledge of unpermitted entry) and third (criminal intent) elements. The defense never argued, nor does the record suggest, that Brandon's trailer was "open to the public" for purposes of section 810.02(1), Florida Statutes (1997), at the time of the offenses....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21241197
...It may be that Mr. Pepitone attempted unsuccessfully to steal something from the study, but it is undisputed that he successfully entered the condominium unit. If he did so with an intent to commit an offense, his crime was a completed burglary. See § 810.02, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1998 WL 251475
...lements of aggravated battery are not. First degree burglary for purposes of this case is the unauthorized entering or remaining in a dwelling with the intent to commit an offense therein and commission of a battery during the course of the offense. § 810.02(2)(a), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 308819
...He argues that the trial court named the underlying offense as "burglary," which created a circular definition that defined trespass, rather than the crime of burglary. "Burglary" means entering or remaining in a structure or conveyance with the intent to commit "an offense" therein. § 810.02, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 588
...Appellant appeals from the trial court's imposition of a sentence enhanced beyond the guideline range. We reverse and remand for resentencing within the presumptive guideline range. Appellant was charged by information with unarmed burglary of an occupied dwelling in violation of section
810.02, Florida *634 Statutes (1983), and grand theft of an automobile in violation of section
812.014, Florida Statutes (1983)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...with intent to commit a felony, ... shall be punished by imprisonment in the state prison for life, or for such term of years as may be determined by the court... . be not armed ... by imprisonment in the state prison not exceeding twenty years". (Emphasis supplied). F.S. § 810.02 F.S.A....
...with intent to commit a felony therein, to-wit: to unlawfully ... steal ... money ... and property ... of the value of more than One Hundred Dollars ...". (Emphasis supplied). It will be observed that the definitions of the two offenses set forth in F.S. § 810.01 and § 810.02 F.S.A. are identical except that § 810.01 has to do with a "dwelling house" while § 810.02 has to do with "any other building"....
...After all, a phone booth is merely an enclosure for a telephone, and is not a building in the normal sense. It has no function as a building, except to enclose that particular phone. It has no purpose other than to provide a place to make or receive telephone calls. A phone booth in this light is not a "building" within F.S. § 810.02 F.S.A. This view is strengthened by a close examination of our two main burglary statutes. F.S. § 810.01 F.S.A. prescribes the penalty for burglary of a "dwelling house", while F.S. § 810.02 F.S.A....
...ound that they were intended to apply to and embrace the same general type and character of structural building, as to permanency, stability, fixedness, etc., with the sole difference that § 810.01 covers a building that is a "dwelling house" while § 810.02 covers "any other building". This conclusion is supported by the fact that separate statutes are aimed at the burglary of other specific enclosures, such as a ship, vessel, railroad car, automobile, truck, trailer, semi-trailer, house car, or aircraft. §§ 810.02; 810.03; 810.04; 810.05; 810.051 F.S....
...A shoplifter, for example, is a thief not a burglar. See, 12 C.J.S. Burglary § 11, et seq. See, also, Smith v. State (Alaska 1961), 362 P.2d 1071 and 93 A.L.R.2d 531, 541. NOTES [1] These two sections of our present compiled Florida Statutes [§§ 810.01 and 810.02] are identical in language, in defining the offenses involved, as Sections 3281 and 3282 of the Compiled General Statutes of 1906....
...e at the time of breaking and entering, or if he arm himself with a dangerous weapon, or take into his possession any such high explosive within such building, or if he make an assault upon any person lawfully therein ...". The old Section 3282, now § 810.02, in describing the property involved, uses the language: "any other building or any ship or vessel with intent to commit a felony, or after having entered with such intent breaks such other building, ship, or vessel, ...".
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1989 WL 72100
...d authorized his sentence. The incarcerative portion of the split sentence does not exceed the recommended range of nine to twelve years, and the total sanction does not exceed the statutory maximum term of life imprisonment for armed burglary under section 810.02(2), Florida Statutes....
...[3] At the time appellant elected to be sentenced under the guidelines, in 1985, he had fair warning that the then current guidelines would be imposed. Id. at 856. Appellant's motion and petition are denied. SCHEB, A.C.J., and SCHOONOVER, J., concur. NOTES [1] Section 810.02(2) has authorized a maximum term of life imprisonment for armed burglary since 1974....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 9133, 2010 WL 2507057
...Accordingly, fifty-nine years is a legal sentence for count two. Count three was armed burglary of an occupied conveyance with a knife. The offense of armed burglary of an occupied conveyance is a first-degree felony punishable by imprisonment for a term of years not exceeding life. Id. § 810.02(2)(b)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...harge because the only evidence at trial concerning the convenience store at the time of his entry was that it was open to the general public, and that one entering the premises under such circumstances cannot be convicted of burglary. We agree. See section 810.02(1), Florida Statutes (1995), and Collett v....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...Appellant was convicted by a jury of first degree burglary and he appeals, contending that the evidence is legally insufficient to sustain the higher degree of the crime. We affirm. Burglary of a dwelling is normally a felony of the second degree, but section 810.02(2)(b), Florida Statutes (1979), makes it a felony of the first degree when the perpetrator is armed or arms himself during the burglary....
...ting one or more shells, and thereby commit the violent act the statute seeks to proscribe. For the purpose of this statute he had thus armed himself. The judgment of conviction is AFFIRMED. FRANK D. UPCHURCH, Jr., and COWART, JJ., concur. NOTES [1] Section 810.02(2): Burglary is a felony of the first degree......
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 21 Fla. L. Weekly Fed. D 1604
...He argues on appeal that the trial judge should have granted his motion for judgment of acquittal on the burglary charge because the sole evidence at trial concerning the motel alcove was that it was open to the general public. We agree and reverse the burglary conviction. Section 810.02(1), Florida Statutes (1995), provides: "Burglary" means entering or remaining in a structure or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...premises are open to the public. Otherwise, every time a person entered a structure that was open to the public with the intent to commit a crime, the person would have committed a burglarya result directly in conflict with the express language of section
810.02(1). As the court in Ray v. State,
522 So.2d 963, 967 (Fla. 3d DCA), rev. denied,
531 So.2d 168 (Fla.1988), observed: Happily we need not concern ourselves with the potential elevation of a shoplifting offense to a burglary. This is so because Section
810.02, Florida Statutes (1987), precludes a burglary charge where "the premises are at the time open to the public." That the premises are open to the public is a complete defense to a burglary charge, avoiding the absurd result of State v....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1994 WL 316172
...In the case of a felony of the second degree, for a term of years not exceeding 30. (b) The court ... may sentence the habitual violent felony offender as follows: 1.... 2. In the case of a felony of the second degree, for a term of years not exceeding 30, and such offender shall not be eligible for release for 10 years. [4] Section 810.02 Florida Statutes (1) "Burglary" means entering or remaining in a structure or conveyance with the intent to commit an offense therein.......
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...The sole meritorious issue on appeal is whether the burglary conviction must be reversed due to the fact that the defendant obtained consent to enter the victim's home by telling her that his van had broken down and asking to use her telephone. Entering a structure with consent is normally a defense to a burglary charge. § 810.02, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1999 WL 542629
...c. His ploy negated the clerk's apparent consent. The clerk observed him with his hand in a desk drawer in the office. An attempt to commit a theft shows intent to "commit an offense therein." Thus, all of the elements for burglary were present. See § 810.02(1), Fla....
...Rather, those cases dealing with *328 entry and consent by fraud apply. See Howard,
400 So.2d at 1329; Pedone,
341 So.2d at 533. Following these cases, we affirm Thomas's burglary conviction. NOTES [1] The Rodney was undergoing renovations at the time. [2] Section
810.02(1), Florida Statutes (1995), defines burglary: "`Burglary' means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or...
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Waters unlawfully and unsuccessfully attempted to gain entrance to John Rush's apartment by attempting to break the door lock with a pair of pliers while Rush was absent. There was no direct evidence as to what Mr. Waters intended to do once inside the apartment. Section 810.02(1), Florida Statutes (1979) defines burglary as an unauthorized entry into a structure or conveyance with the intent to commit an offense therein....
...commit a specific offense and as to the effect of the evidentiary presumption created by Section
810.07, supra, we hereby certify to the Florida Supreme Court the following questions of great public importance: 1. In a prosecution for burglary under Section
810.02, Florida Statutes (1979), is it necessary for the state to allege an intent to commit a specific offense? 2....
...t with directions that appellant be adjudicated guilty of and sentenced on the charge of attempted trespass as prohibited by Sections
810.08 and
777.04(1), Florida Statutes (1979). LETTS, C.J., and STONE, BARRY J., Associate Judge, concur. NOTES [1]
810.02 Burglary....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2003 WL 554399
...court to demonstrate the precise nature of the error. As an officer of the court, an assistant attorney general is occasionally called upon to concede error. Mr. Napolitano's candor and professionalism in this case have assisted this court. [2] See § 810.02(2)(a), Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 140
...2d DCA 1983). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve of the decision of the Third District Court of Appeal. On June 15, 1983, the state filed a petition for delinquency charging petitioner, in part, with burglary in violation of section 810.02, Florida Statutes (1983). The burglary count was charged as follows: This child ... did unlawfully enter or remain in a certain structure ... with the intent to commit an offense therein, to wit: THEFT in violation of 810.02, Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...He also complains concerning the admission of certain Williams rules testimony of a previous crime. We find no merit to this contention but believe it helpful to treat it in view of our reversal on the other two grounds. Burglary is defined as entering a structure with the intent to commit an offense therein. Section 810.02, Florida Statutes (1975)....
...death or imprisonment for life. One of the crimes with which appellant was charged, a burglary in the course of which the offender commits an assault upon any person, is punishable by imprisonment for a term of years not exceeding life imprisonment. Section 810.02(2), Florida Statutes (1975)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2005 WL 414840
...When originally sentenced on March 5, 1999, Mr. Aponte received, as to each sentence, at least 274 days' credit for time he had already spent in jail. On or about June 4, 2003, therefore, five years of combined incarceration and probation for violations of section
810.02(4)(b) (burglary) and
812.014(2)(c) (theft), Florida Statutes (1997), came to an end....
...nary term in excess of the statutory maximum, he has reaped no benefit from the illegal sentence, and will not be estopped from challenging such sentence."). Accordingly, appellant's sentences for burglary of an unoccupied conveyance in violation of section
810.02(4)(b), Florida Statutes (1997), and grand theft in violation of section
812.014(2)(c), Florida Statutes *839 (1997), purportedly imposed on November 6, 2003, are reversed....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...Public Defender and Jon May, Legal Intern, West Palm Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee. COBB, Judge. Appellant was charged with burglary of a dwelling in violation of Section 810.02(3), Florida Statutes (1977)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2000 WL 1880191
...nder Act after finding that appellant qualified as a reoffender. [1] We affirm in part and reverse in part. Appellant was charged with the offenses of armed burglary of a dwelling with intent to commit an assault and/or battery, contrary to sections 810.02(2)(a) and 810.02(2)(b), Florida Statutes, and attempted first degree murder....
..."The standard of review of a trial court's denial of a motion for judgment of acquittal is whether the trial court abused its discretion." See Cox v. State,
764 So.2d 711 (Fla. 1st DCA 2000); Lee v. State,
745 So.2d 1036, 1037 (Fla. 1st DCA 1999), citing Terry v. State,
668 So.2d 954 (Fla. 1996). "Burglary" is defined in section
810.02, Florida Statutes (1997), which provides in pertinent part: (1) "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...In Mills the question was whether one is guilty of armed burglary if he unlawfully enters a structure and steals a gun and its projectiles. We said yes because the statute provides that it is a higher form of burglary if one "[i]s armed, or arms himself within such structure." See, § 810.02(2)(b), Fla....
...his possession when he committed the burglary. A burglary is committed and is complete when the entering upon the premises occurs. If a person enters, or remains in, a structure with the intent to commit an offense then the crime has occurred. See, § 810.02(1), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 88
...in which a prosecutor has violated a defendant's Fifth Amendment rights under Griffin v. California,
380 U.S. 609,
85 S.Ct. 1229,
14 L.Ed.2d 106? [5] The cause is reversed and remanded for new trial. ANSTEAD, C.J., and WALDEN, J., concur. NOTES [1] §
810.02(2), Fla....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 6768086, 2013 U.S. App. LEXIS 25606
...Circuit Precedent Did Not Foreclose Williams’s Burglary Claim
In Williams, we concluded that Williams could not “show that this Circuit’s
law foreclosed him from raising an objection to the treatment of his two Florida
burglary convictions [under Fla. Stat. 810.02] as violent felonies under the
40
Case: 12-11212 Date Filed: 12/24/2013 Page: 41 of 110
ACCA.” Id. at 1343-44. During Williams’s “direct and collateral attacks” from
1998 to 2004, no Eleventh Circuit precedent “squarely held that burglary of a
dwelling, as defined in Fla. Stat. § 810.02, was a violent felony for ACCA
purposes.” Id. at 1344. “[I]t was an open question in this Circuit whether § 810.02
might categorically constitute a violent felony ....
...We explained that, for Begay to be “circuit-law busting”
in the savings clause context, “we must find that Begay overturned circuit
precedent specifically addressing the claim Williams now asserts [in his § 2241
petition]—namely, that Fla. Stat. § 810.02 [the burglary statute] is not a violent
felony for ACCA purposes.” Id....
...The Williams Court explained that Begay had
not abrogated “all of this Court’s pre-Begay violent felony jurisprudence,” and as
to Williams specifically, it was “not at all clear that Begay would have abrogated
any circuit precedent holding § 810.02 [burglary] was a violent felony.” Id....
...2267 (2011) does
not affect our holdings in Archer in 2008 and Canty in 2009 regarding Florida’s
concealed-firearm offense. Sykes “substantially circumscribed the reach of Begay
so that its similar-in-kind requirement no longer applies to intentional crimes like
Fla. Stat. § 810.02” (burglary)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Since this case will be remanded for further proceedings, we feel it necessary to express concern as to whether there exists a factual basis to sustain a conviction for first degree burglary. The allegations in the information track the language of Section 810.02(2)(b), Florida Statutes (1977), alleging that appellant committed burglary of a dwelling and, while doing so, he "armed himself therein with a dangerous weapon, ..., a firearm ..."....
CopyCited 6 times | Published | Supreme Court of Florida | 1999 WL 1080462
...ion
810.06. In order for the State to establish that the screwdriver was a burglary tool, the State needed to adduce testimony showing that the defendant used, or actually intended to use, the screwdriver to commit a burglary or trespass. Id.; see §§
810.02,
810.06,
810.08, Fla....
...The statute does not encompass, however, any item that may be used to commit some other offense once the burglary has been accomplished, even if that "other offense" is the offense that the defendant intended to commit once he had accomplished the burglary. Section 810.02(1), Florida Statutes (1995), defines burglary to mean "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein." Under the plain language of section 810.02(1), once Calliar unlawfully entered the school property, he did not have to commit the additional offense intended to be committed within the burglarized premises in order to commit burglary; rather, he need only have intended to commi...
...HARDING, C.J., and SHAW, PARIENTE and LEWIS, JJ., concur. WELLS, J., dissents with an opinion, in which QUINCE, J., concurs. WELLS, J., dissenting. I dissent. Section
810.06, Florida Statutes (1995), when read in conjunction with the definition of burglary set forth in section
810.02(1), criminalizes the possession of burglary tools with an intent to use the tool either to enter a premises or to commit an offense while unlawfully on the premises....
...burglary or trespass shall be guilty of a felony of the third degree.... Florida Statutes define burglary as follows: "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein.... § 810.02(1), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...the State, or whether consent is a matter of defense to be raised and proved by defendant. We hold that under the current burglary statute, non-consent to the entry is an essential element of the crime which must be alleged and proved by the State. Section 810.02(1), Florida Statutes (1979), defines the crime of burglary as: "Burglary" means entering or remaining in a structure or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...ement of the exception language in the statute. Applying the simply stated but difficult to apply rule to the issue at hand, we discern that in the current statute, the legislature has made the element of non-consent a part of the "enacting clause." Section 810.02(1) states the legislative definition of burglary, and that definition includes the phrase "......
...The judgment of conviction is reversed and the cause is remanded for further proceedings consistent herewith. REVERSED and REMANDED. FRANK D. UPCHURCH, Jr., J. concurs. COWART, J., dissents with opinion. COWART, Judge, dissenting: The crime of burglary is defined by section 810.02(1), Florida Statutes (1979): "Burglary" means entering or remaining in a structure or conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain. Sections 810.02(2) and (3) declare that this crime is punishable as a third degree felony or, if additional elements are alleged and proved, authorize more serious penalties to be imposed....
...th Street, Sanford, with the intent to commit theft therein, and during the commission of such burglary did arm himself with a dangerous weapon, to-wit: a shotgun or pistol as defined by section
790.001(6), Florida Statutes, in violation of sections
810.02(1),
810.02(2)(b),
775.087(2), Florida Statutes....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1996 WL 446518
...Accordingly, we must reverse the defendant's judgment and sentence for attempted second-degree murder and remand this matter to the trial court. AFFIRMED in part; REVERSED in part; and REMANDED. PETERSON, C.J., and COBB, J., concur. NOTES [1] §§
782.04(2),
777.04(1), and (4), Fla. Stat. (1993). [2] §
810.02(2)(a), and (b), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1991 WL 150425
...ary of a dwelling and two counts of grand theft, which occurred on September 16, 1988. He was sentenced to four and one-half years in prison followed by five years' probation on each count, concurrent. The burglary counts are second degree felonies, section 810.02(3), Florida Statutes (1987), and the sentence imposed on these burglary counts falls within the statutory maximum incarceration period of fifteen years....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1996 WL 471166
...Not only did two of the house occupants, one of whom is the victim, testify adversely to Appellant, but it is undisputed that he secretively entered the house, broke into the victim's locked room, and ran off with his property. I do agree that there was error in excluding the girlfriend's testimony. NOTES [1] § 810.02(1), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...can have reference only to any burglary of of [sic] the second degree and that the attempted burglary of an unoccupied structure of conveyance is a first degree misdemeanor if the offense is otherwise compatible with the requirements set forth in §
180.02(3) [
810.02(3)], F.S. * * * * * * "The phrase `... or any burglary, ...' in §
777.04(4)(c), F.S., must be construed to mean any burglary of the second degree. The burglary classified by §
810.02(3), F.S., as a third degree felony is reduced by the operation of §
777.04(d), F.S., to a first degree misdemeanor." We must disagree....
CopyCited 6 times | Published | Supreme Court of Florida | 1999 WL 250262
...State,
711 So.2d 1183 (Fla. 1st DCA 1998), which expressly and directly conflicts with the opinion in Garvin v. State,
685 So.2d 17 (Fla. 3d DCA 1996), regarding whether the "open to the public" defense is a complete defense to the charge of burglary. See §
810.02(1), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 12918, 2010 WL 3446145
...and/or battery' and `battery.' Id. at 367. Young cannot properly be convicted of both offenses. Accordingly, we vacate the conviction of (simple) battery. AFFIRMED, in part; REVERSED, in part; REMANDED. MONACO, C.J. and COHEN, J., concur. NOTES [1] § 810.02(2)(a), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14950, 2011 WL 4374511
...tained. Pagan,
830 So.2d at 803 (citing Banks v. State,
732 So.2d 1065 (Fla.1999)). To prove burglary, the state must show that the defendant entered or remained in the dwelling, structure, or curtilage, with the intent to commit an offense therein. §
810.02(1)(b)1.-2., Fla....
...ent, once he opened the closet door his suspicion was met and he remained in the apartment and fought. Further, while he may not have intended to injure Gonzalez, the named victim, he still remained in the apartment and battered someone therein. See § 810.02(1)(b)2.b., Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14722, 2006 WL 860974
...ific intent dichotomy, and when it intends to create a specific intent crime, it explicitly does so. For example, burglary is the "[e]ntering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein ...." § 810.02(1)(b), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 89718
...5th DCA 1984), Cochenet was charged with entering or remaining in a dwelling with the intent to commit an offense therein, aggravated assault. Cochenet was convicted of first degree burglary. On appeal, this court reversed his conviction explaining as follows: Section 810.02(2)(a), Florida Statutes (1981), provides for enhancement of burglary to a felony of the first degree if, in the course of committing the offense, the offender makes an assault upon any person....
...d. (emphasis in original) *466
445 So.2d at 399. The entry of judgment of conviction against Cochenet under this count for a first-degree felony was reversed and the cause was remanded for the entry of judgment for a second-degree felony pursuant to section
810.02(3), Florida Statutes....
...On appeal, this court agreed with Colwell that the information was insufficient to charge first-degree burglary: The first point on appeal asserts that the information charging the burglary was insufficiently alleged to support a life sentence as a felony of the first degree. § 810.02, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2363
...Appellant had previously been convicted of two burglaries, which at the time of their commission in March 1975, were classified by Section 810.01(2), Florida Statutes (1973), as second-degree felonies. The repeal of Section *787 810.01, Florida Statutes (1973), and the addition of section 810.02(3), effective July 1, 1975, reclassified appellant's burglaries from second-degree felonies to third-degree felonies....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 20747, 2011 WL 4840588
...2d at 236.
In Florida, burglary entails “entering or remaining in a dwelling, a structure,
or a conveyance with the intent to commit an offense therein, unless the premises
are at the time open to the public or the defendant is licensed or invited to enter or
remain.” Fla. Stat. § 810.02(1)(a)....
...Count Two, which related to the killing of Violetta Rodriguez, was identical, excepting
the substitution of Violetta Rodriguez’s name for that of her husband.
5
with “the intent to commit an offense therein.” Fla. Stat. § 810.02(1)....
...JESUS DELGADO having an
intent to commit an offense therein, to wit: Murder, and in
the course of committing said burglary JESUS DELGADO
was armed with or did arm himself with a firearm, in
violation of 810.02 Florida Statutes, to the evil example of
all others in like cases offending and against the peace and
dignity of the State of Florida.
(emphasis added).
The upshot of this legal backdrop was that, by simply ca...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 1472806
...State v. Huggins,
802 So.2d 276 (Fla.2001). As *967 discussed, supra, Eldredge was merely charged with, and pled guilty to, the crime of burglary of a dwelling. The State did not charge Eldredge with the specific crime of burglary of an occupied dwelling. §
810.02(3)(a), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1700878
...[3] Defendant was adjudicated a habitual violent felony offender ("HVFO"). He contends that he does not qualify for habitualization. *576 The State concedes that the defendant is correct on one of the two offenses at conviction. The State charged the defendant with burglary with an assault or battery in violation of section
810.02(2)(a), Florida Statutes (1993), and that in committing the offense he carried or used a weapon, namely, a tire iron, in violation of section
775.087, Florida Statutes (1993)....
...t of the conviction was permitted. See Grant v. State,
677 So.2d 45, 46 (Fla. 3d DCA 1996); see also Lareau v. State,
573 So.2d 813, 814-15 (Fla.1991). This means that the burglary, which is a first degree felony punishable by life imprisonment, see §
810.02(2)(a), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 15 Fla. L. Weekly Fed. D 2794
...If the admission of Knight's deposition testimony was not fundamental error, then it was not error at all, given the absence of any valid objection to its admissibility. [1] Thus, there is no reason to consider the harmless error doctrine in this case. I would affirm. NOTES [1] § 810.02(2), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 1419158
...In 1997 when the event occurred, our statutes defined the crime of burglary as: "entering or remaining in a...structure...with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02(1), Fla, Stat....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 110915
...Public Defender, Tallahassee, for appellant. Robert A. Butterworth, Atty. Gen., James W. Rogers, Asst. Atty. Gen., Tallahassee, for appellee. SHIVERS, Judge. Appellant Shaddix was tried and found guilty of burglary of a dwelling in Case No. 90-2148 pursuant to section 810.02, Florida Statutes (1989)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 530543
...he capias and its execution." Appellant then pleaded no contest, reserving his right to appeal the denial of his motion to dismiss. This appeal follows. The offense with which appellant was charged (burglary of a dwelling) is a second-degree felony. § 810.02(3), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1311
...Following a jury trial, appellant was convicted of sexual battery by threatening to use force likely to cause serious personal injury, in violation of section
794.011(4)(b), Florida Statutes, and burglary of a dwelling with intent to commit an assault, in violation of section
810.02, Florida Statutes....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1914634
...Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Chief Judge. A jury convicted Luman Bodie of capital sexual battery, §
794.011(2), Fla. Stat. (2001), and burglary while armed with a dangerous weapon, §
810.02, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 773
...Golden, and John R. Stump, Asst. Atty. Gen., Daytona Beach, for appellee. ORFINGER, Judge. The opinion issued on December 6, 1984 is withdrawn, and this opinion is substituted in its place. Defendant appeals his conviction on charges of burglary with an assault [section
810.02(3), Florida Statutes (1981)] and sexual battery [section
794.011(5), Florida Statutes (1981)]....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...artment and twice committed sexual battery and once committed battery upon one woman. The first point on appeal asserts that the information charging the burglary was insufficiently alleged to support a life sentence as a felony of the first degree. § 810.02, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2003 WL 1037885
...That occurs when "an acquittal on one count negates a necessary element for conviction on another count." Id. at 733. Despite the initial appeal of the defendant's argument in this case, it did not occur. The defendant was charged with burglary and theft. The burglary statute, section 810.02(1), Florida Statute (2001), provides, in pertinent part, that "burglary means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein...." The theft statute provides, in pertinent...
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Gen., Tallahassee, and Anthony C. Musto, Asst. Atty. Gen., West Palm Beach, for appellee. LETTS, Judge. The appellant entered into a negotiated plea of guilty as to breaking and entering with intent to commit a felony to wit: grand larceny, contrary to Florida Statute 810.02....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1867476
...appear to permit this distinction. See Green v. State,
828 So.2d 462 (Fla. 5th DCA 2002). In this case, the jury made a specific finding that Mr. Perez possessed a firearm in both offenses. Armed burglary is a first-degree felony punishable by life. §
810.02(2)(b), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1994 WL 386518
...Id.; Fletcher v. State,
472 So.2d 537, 539 n. 2 (Fla. 5th DCA 1985). In order to prove the crime of burglary, the state must prove a nonconsensual entry with intent to commit an offense therein. Stanley v. State,
626 So.2d 1004, 1005 (Fla. 2d DCA 1993); §
810.02(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 830639
...Robert A. Butterworth, Attorney General, Tallahassee, and Susan Odzer Hugentugler, *72 Assistant Attorney General, Fort Lauderdale, for appellee. STONE, J. We affirm Giangrasso's conviction and sentence for burglary with an assault or battery pursuant to section 810.02(1) and (2)(a), Florida Statutes....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 10462, 2010 WL 2787540
...eviously been convicted of a qualifying event. §
948.06(8)(b)(2), Fla. Stat. (2008). Among the qualifying offenses listed by the statute is a burglary offense or attempted burglary offense that is either a first degree or second degree felony under section
810.02(2) or (3)....
...Furthermore, the State failed to present evidence that the "breaking and entering" offense allegedly committed by Alcantara in Rhode Island would constitute a burglary or attempted burglary offense that would be either a first or second degree felony under section 810.02(2) or (3) if committed in Florida....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1996 WL 382227
...way rose to the level necessary to establish fundamental error. Consequently, we reject defendant's argument on this issue. Defendant's next issue has merit. Defendant was charged and convicted of burglary with an assault or battery in violation of section
810.02(2)(a), Florida Statutes (1993), while using a weapon, in this case a concrete brick, in violation of section
775.087, Florida Statutes (1993)....
...ars. See §
775.084(4)(b)1, Florida Statutes (1993). Defendant correctly argues that the judgment is in error in classifying the crime as a first degree felony. Here the state elected to charge defendant with burglary with an assault or battery. See §
810.02(2)(a), Fla.Stat....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 114
...departure *279 sentence. [6] Gann v. State,
459 So.2d 1175 (Fla. DCA 1984); Brady v. State,
457 So.2d 544 (Fla. 2d DCA 1984). SENTENCE VACATED AND REMANDED. COBB, C.J., and FRANK D. UPCHURCH, J., concur. NOTES [1] §
775.084, Fla. Stat. (1983). [2] §
810.02(2)(b), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 WL 28979
...Summers,
642 So.2d 742 (Fla. 1994); Ogden v. State,
605 So.2d 155 (Fla. 5th DCA 1992); Kolovrat v. State,
574 So.2d 294 (Fla. 5th DCA 1991). Here, Gordon's burglary-of-a-structure conviction is a third-degree felony, carrying a maximum sentence of five years. See §§
810.02,
775.082(3)(d), Fla....
...5th DCA 1994) (en banc). See also Craig v. State,
643 So.2d 50 (Fla. 5th DCA 1994). In accordance with this court's opinion in Tibero, this cost item is stricken. Conviction AFFIRMED; sentence VACATED; cause REMANDED. GRIFFIN and THOMPSON, JJ., concur. NOTES [1] See §
810.02, Fla....
CopyCited 5 times | Published | Supreme Court of Florida
...Willie E. Simmons, in pro per., Theodore E. Mack, Asst. Public Defender, Tallahassee, for appellant. Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant was charged with burglary, a violation of Section 810.02, Florida Statutes (1975), and moved to dismiss on the grounds that the statute is unconstitutionally vague and overbroad....
...Upon conviction, appellant renewed his challenge to the statute by motion for a new trial. Motion was denied and appellant appealed. The First District Court of Appeal then transferred the cause to this court. Since the trial court inherently passed on the validity of Section 810.02, Florida Statutes, we have jurisdiction....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 242
...Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee. SCHOONOVER, Judge. Appellant, James Leroy Crosby, has appealed from the judgments and sentences entered against him in connection with two informations charging him with burglary of a dwelling in violation of section 810.02(3), Florida Statutes (1979)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1992 WL 9646
...The defendant was before the court for sentencing on four offenses; his guidelines scoresheet recommended a sentence of life imprisonment. Pursuant to the habitual offender statute, [1] the defendant was sentenced on one count (burglary of a dwelling while armed, § 810.02(2)(b), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2001 WL 43061
...ether with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss.
810.02 and
810.08 only, the term includes such portions of remnants thereof as exist at the original site, regardless of absence of a wall or roof....
...Neither case involved surreptitious theft from the attached porch of a dwelling and neither provides support for Weber's argument in the instant appeal. We find no merit in the appellant's remaining issue regarding denial of his motion for mistrial. AFFIRMED. SAWAYA and ORFINGER, R.B., JJ., concur. NOTES [1] Section 810.02(1), Florida Statutes (1999), defines "burglary" as entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2003 WL 553976
...After reviewing the state's Toler [1] brief, we now reverse and remand for further proceedings as to four of those claims. [2] *652 First, appellant contends that his burglary conviction is invalid because the statute under which he was prosecuted, section 810.02, Florida Statutes (1995), was part of Chapter 95-184, Laws of Florida, which the Florida Supreme Court held was unconstitutional and void in its entirety in Heggs v....
CopyCited 5 times | Published | Supreme Court of Florida | 2013 WL 535407
therein was theft of a controlled substance. See §
810.02(3X0, Fla. Stat. (2012). This change is consistent
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1987 WL 3350
...We affirm the convictions but remand for resentencing in accordance herewith. On February 28, 1986, appellant Michael Ray Ratushinak was charged by information with one count of armed sexual battery in violation of section
794.011(3), Florida Statutes, and with two counts of armed burglary in violation of section
810.02(2), Florida Statutes....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1991 WL 268560
...Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee. PER CURIAM. This is another sentencing guidelines scoresheet case. The defendant was convicted of lewd and lascivious assault upon a child (§
800.04(1), Fla. Stat.) and two burglaries of a structure (§
810.02(3), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 94150
...ge in her opening or closing arguments, thus there was no waiver or estoppel under Ray. We find Cochenet v. State,
445 So.2d 398 (Fla. 5th DCA), review denied,
453 So.2d 45 (Fla. 1984), analogous. Cochenet was charged and convicted of burglary under Section
810.02(2)(a), Florida Statutes (1981), which made it a first-degree felony to commit an assault during commission of a burglary....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2076
...He was charged only with burglary of a dwelling, a second degree felony precisely the offense to which he pled nolo. The information never alleged that the appellant, in the course of committing the burglary, either (a) made an assault or battery upon any person, or (b) was armed. See Section 810.02(2), Florida Statutes....
...Brooks contends the fact that the dwellings were occupied is a factor inherent in the crime of burglary, and cannot serve as a basis for departure. See: Carney v. State,
458 So.2d 13 (Fla. 1st DCA 1984); Tompkins v. State,
483 So.2d 115 (Fla. 2d DCA 1986). We disagree. Section
810.02(3) contemplates entry of a dwelling or entry of a structure while a human being is in the structure....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1999 WL 641445
...ieve. The statement was the only evidence corroborating Buchanan's claim offered by someone other than Buchanan or his codefendant. Reversed and remanded for further proceedings consistent herewith. CAMPBELL, A.C.J., and GREEN, J., Concur. NOTES [1] § 810.02, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2001 WL 904210
...it contains no specific reference to punishment for a "first degree felony punishable by life." Stabile was convicted of armed burglary, which is a first degree felony "punishable by imprisonment for a term of years not exceeding life imprisonment." § 810.02(b)....
...o whether the place burgled is occupied or unoccupied. § 775 .082(9)(a)1.p., Fla. Stat. Thus we conclude Stabile was properly sentenced as a prison releasee reoffender. AFFIRMED; Question CERTIFIED. THOMPSON, C.J., and HARRIS, J., concur. NOTES [1] § 810.02(2)(b), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1998 WL 158880
...m term provided under that section. We agree, vacate defendant's sentence, and remand for further proceedings. On January 3, 1997, the State filed an information charging defendant with burglary of an unoccupied dwelling, a second degree felony. See § 810.02(3)(6), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1992 WL 26462
...to one year to run concurrent with the life sentence. Defendant Lamont was convicted of sexual battery with a firearm pursuant to Section
794.011(3), Florida Statutes (1989), a life felony; burglary of an occupied dwelling with a firearm pursuant to Section
810.02(2)(b), Florida Statutes (1989), a first-degree felony punishable by a terms of years not exceeding life imprisonment; and kidnapping with a firearm pursuant to Section
787.01(2), Florida Statutes (1989), a first-degree felony, which wa...
...775.083, or s.
775.084. " (Emphasis added). Defendant Lamont was convicted of sexual battery with a firearm, kidnapping with a firearm, and burglary of an occupied dwelling with a firearm. Section
794.011(3), which defines sexual battery with a firearm, Section
810.02(2)(b), Florida Statutes (1989), which defines burglary of an occupied dwelling with a firearm, and Section
787.01(2) which defines kidnapping, all state that persons convicted under the statute may be punished "as provided in s....
...pon a person 12 years of age or older, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon ... is guilty of a life felony, punishable as provided in s.
775.082, s.
775.083 or
775.084." (Emphasis added). Section
810.02 reads in pertinent part: "Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Gen., Tampa, for appellant. Robert E. Jagger, Public Defender, and William G. Sestak, Asst. Public Defender, Dade City, for appellee. HOBSON, Judge. Appellee was charged by a two-count information with I) attempted burglary of a conveyance pursuant to sections
810.02 and
777.04, Florida Statutes (1979), and II) possession of burglary tools....
...The deputy found that the bolts holding the starter in place in the engine compartment had been loosened. Appellee admitted to the deputy that he had attempted to remove what he referred to as the alternator, but which was in fact the starter. The State argues that these facts constitute an attempted burglary under section 810.02, because appellee had "entered" the conveyance within the meaning of the burglary statute....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1993 WL 143949
...At the hearing on these motions, the state argued for the first time that appellant could be convicted of burglary for entry into the curtilage. The trial court denied the motions and appellant was subsequently sentenced to 30 years in prison as an habitual felony offender. This appeal followed thereafter. Section 810.02(1), Florida Statutes (1989), defines burglary as "entering or remaining in a structure or conveyance with the intent to commit an offense therein......
...together with the curtilage thereof." Section
810.011(2), Fla. Stat. (1989) (emphasis added). Under the majority's theory, one who enters the curtilage for the purpose of committing an offense upon a structure, but who does not enter the structure, can be guilty of a violation of Section
810.02(1), Florida Statutes....
...udication of delinquency for the offense of burglary, caused by the child's lobbing eggs through an open door or window of a structure after the child had entered the curtilage. I cannot believe that the legislature, in enacting sections
810.011 and
810.02, intended to proscribe such conduct as burglary....
...e construed strictly; they will not be interpreted so as to displace the common law further than is clearly necessary. Carlile v. Game & Fresh Water Fish Comm'n,
354 So.2d 362 (Fla. 1977). I consider that when the legislature created the language in section
810.02(1), requiring that entry within a structure or conveyance be accompanied by "the intent to commit an offense therein," it did not intend to displace the common law rule exacting that before a burglary of a dwelling can be established,...
...ON MOTION FOR CERTIFICATION PER CURIAM. Appellant asks that we certify the following as a question of great public importance: IS PROOF OF A CRIMINAL MISCHIEF TO A DWELLING (A BROKEN WINDOW) COMMITTED WHILE ON THE CURTILAGE IN A STEALTHY MANNER A BURGLARY UNDER SECTION
810.02, FLORIDA STATUTES, GIVEN THE LEGISLATIVE INTENT OF SECTION
810.02 AND THE COMMON LAW OF BURGLARY COMMITTED ON THE CURTILAGE? We agree that it is a matter of great public importance that the curtilage and stealth provisions, in combination, appear to broaden the scope of the burglary statute to permit prosecution for what might otherwise be deemed lesser offenses. Consequently, we certify the question as one of great public importance. ERVIN, MINER and WOLF, JJ., concur. NOTES [1] Section
810.02(1), Florida Statutes (1989), defines "burglary" as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein." [2] Section
810.08(1), Florida Statutes (1989), provides: "Whoever, without being a...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...and James H. Greason, Asst. Atty. Gen., for appellee. Before HUBBART, SCHWARTZ and BASKIN, JJ. ON MOTION FOR REHEARING PER CURIAM. The defendant-appellant's primary contention is that he was improperly sentenced to life imprisonment for burglary under Section 810.02(2), Fla....
...ructure." It specifically alleged, however, that, within the burglarized building, the defendant was armed or armed himself with a dangerous weapon, a knife. Such a charge is an "aggravating factor" which justifies a life sentence for burglary under Section 810.02(2)(b)....
...143,
114 So. 237 (1927); Hambrick v. State,
80 Fla. 672,
86 So. 623 (1920); Coon v. State,
353 So.2d 1240 (Fla.3d DCA 1978). Since the appellant's remaining points, which challenge the sufficiency of the evidence against him are patently without *7 merit, see Section
810.02(1), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...ter had been made about halfway through the rear wall of the building. The pipe apparently was being used to make the hole. Based on these events, a petition for delinquency was filed against the appellant, charging him with burglary in violation of Section
810.02, Florida Statutes (1979) and Section
777.04, Florida Statutes (1979)....
CopyCited 4 times | Published | District Court of Appeal of Florida
...for breaking and entering and two years for larceny. In doing so it stated: "It is also contended that the charge of breaking and entering is inconsistent with the charge of larceny and that both cannot stand. "There is no merit to this contention. Section 810.02 F.S.A....
...amended the common law to comprehend a situation like we are confronted with here. The information did nothing more than present two aspects of the same criminal transaction and petitioner was sentenced five years for breaking and entering and two years on the larceny charge." Section 810.02, Florida Statutes, F.S.A., above referred to, provides that whoever breaks and enters any other building * * * with intent to commit a felony * * * shall be punished by imprisonment in the state prison not exceeding fifteen years. This statute spells out the maximum punishment for the separate crime of breaking and entering buildings, other than dwelling houses, with intent to commit a felony. The two statutes with which we are confronted in this case are: F.S. § 810.02 and § 811.021(2), F.S.A....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2001 WL 1230518
...It may be established by circumstantial evidence like any other fact in a case." [3] The supreme court described the evidence as showing that defendant's entry was "more artless than stealthy."
76 So.2d at 148. [4] See §
924.051(3), Fla. Stat. (2000). [5] See §
810.02(1), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2166
...commission" of that robbery,
812.13(3), his conduct fell within the unequivocal reach of the armed robbery provision. See Mills v. State,
400 So.2d 516 (Fla. 5th DCA 1981) (burglar who steals gun from premises is guilty of armed burglary, defined in section
810.02(2)(b) as occurring if offender "is armed or arms himself within ......
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1995 WL 653546
...We reach this conclusion because the statutory elements of theft and the elements of armed burglary are separate and distinct. Conviction for burglary requires proof that the defendant entered a structure with the intent to commit an offense inside. § 810.02(1), Fla. Stat. (1993). If a perpetrator is armed, or arms himself while inside the structure, the offense is reclassified as armed burglary, a first degree felony. § 810.02(2)(b), Fla....
CopyCited 4 times | Published | Supreme Court of Florida
...The court below passed upon the constitutionality of a state law, thus vesting jurisdiction of the appeal in this Court. Art. V, § 3(b)(1), Fla. Const. The appellant was informed against for the crime of burglary of a conveyance with the intent to commit larceny therein in violation of sections
810.02(1) and
810.011(2), Florida Statutes (1977)....
...." Following the denial of his motion to dismiss, which raised the issue of the constitutionality of the burglary statute, the appellant changed his plea to nolo contendere reserving the right to appeal. He was adjudicated guilty and sentenced. The appellant contends that the statute is unconstitutionally vague. Section 810.02(1) provides: "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to *685 the public or the defendant is licensed to enter or remain....
...lings, buildings, and conveyances, the conduct of one who removes something from the outside of a conveyance without entering should not be treated as burglary. To do so, he contends, denies due process. The state responds that the word "therein" in section 810.02(1) requires that when the entering of a conveyance is committed, there must be an intent to commit an offense "therein," citing State v....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...on filed against Krathy, so we reverse the judgment and sentence. The information charged that Krathy "did unlawfully enter or remain in a structure, to-wit: a dwelling ... with the intent to commit an offense therein, to-wit: theft, in violation of Section 810.02, Florida Statutes." At trial, the State's primary witness testified that after hearing the sound of breaking glass in a back room of her home, she walked to the doorway where she observed Krathy attempting to climb in through a window....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Public Defender, West Palm Beach, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Glenn H. Mitchell, Asst. Atty. Gen., West Palm Beach, for appellee. DOWNEY, Chief Judge. By amended information appellant was charged with burglary of a motor vehicle in violation of Section 810.02, Florida Statutes (1975)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1544120
...The trial court entered judgment and sentenced Coleman for each of the crimes. Coleman first argues that his convictions and sentences for burglary of a dwelling with assault or battery and armed burglary of a dwelling violate double jeopardy principles. In pertinent part, section
810.02(1)(b)(1), Florida Statutes (2003), defines the crime of burglary as "[e]ntering a dwelling . . . with the intent to commit an offense therein." Id. Section
810.02(2) provides, again in pertinent part, that burglary is a first-degree felony punishable by life imprisonment "if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person; or (b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon." In Hawkins v. State,
436 So.2d 44, 46 (Fla.1983), the Florida Supreme Court considered a double jeopardy challenge to two convictions for burglary under section
810.02(2), one based on an assault committed *1256 during the burglary and the other based on the carrying of a deadly weapon during the burglary. The court reversed one of the burglary convictions "because the two counts constituted the same statutory offense under section
810.02, Florida Statutes (1979)."
436 So.2d at 46....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...Savino forced open the locked door of Derickson's apartment, entered it and committed an assault and a battery on Derickson therein. On these facts Savino claims double jeopardy prohibits his conviction and separate sentence as to the two offenses of burglary with an assault (§ 810.02(2)(a), Fla....
...sault (§
784.011, Fla. Stat. (1981)) and the offense of battery (§
784.03, Fla. Stat. (1981)). This is because the enhanced burglary offense is committed when, in the course of committing a burglary, the burglar "makes an assault upon any person" (§
810.02(2)(a), Fla....
...jeopardy no matter how closely related or interrelated the factual basis for each criminal charge may be. Monarca v. State,
412 So.2d 443 (Fla. 5th DCA 1982), is the case from this court most in point. [4] NOTES [1] §
784.03, Fla. Stat. (1981). [2] §
810.02(2)(a), Fla....
...Certainly the statutory definitions contained in section
810.011, Florida Statutes, control the meaning of these words when they are used in chapter 810, which relates to burglary and trespass, but it is quite another question as to whether the word "assault" as used in section
810.02(2)(a), Florida Statutes, means the common law crime of an attempted battery or the statutory offense defined in section
784.011(1), Florida Statutes. If the reference to "assault" in section
810.02(2)(a), Florida Statutes, means the common law definition then this case should be reversed unless the two charges relate to two distinctly separate factual events, which does not appear to be the case....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1997 WL 120559
...James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellee. WHATLEY, Judge. The state appeals the dismissal of a one-count information charging Johnnie Burston with burglary of a dwelling in violation of section 810.02(3), Florida Statutes (1993)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...COWART, Judge, concurring specially: Appellants, Madry and Banks, entered a victim's hotel room and took property from him by threatening him with a knife. On these facts appellants claim double jeopardy prohibits their conviction for the two offenses of armed burglary (§ 810.02(2)(b), Fla....
...violation of both statutory offenses although the two criminal charges are based on a single set of interrelated facts and circumstances and the allegations and proof of facts overlap, as when the "dangerous" weapon with which the burglar is armed (§ 810.02(2)(b), Fla....
CopyCited 4 times | Published | District Court of Appeal of Florida
...The defendant was tried and convicted of the crime defined in section 810.01, Fla. Stat., F.S.A.; that is, breaking and entering a dwelling house with the intent to commit a felony. The breaking and entering of any other building with the intent to commit a felony is prescribed by section 810.02, Fla. Stat., F.S.A. It is suggested by the State that the crime described in section 810.02, breaking and entering other buildings, is a lesser included offense of the crime described in section 810.01, breaking and entering a dwelling house....
...It is argued that since all of the elements of "breaking and entering other buildings" were proved, the appellant should not be discharged upon remand but should be resentenced under the proper section of the statute. We think that it logically may be held that the crime described in section 810.02 is a lesser included offense in section 810.01....
...Therefore, the pertinent inquiry is whether or not the accused could have been misled or embarrassed in the preparation of her defense by allowing the prosecution for breaking and entering a building when the information alleges breaking and entering a dwelling. An examination of these two sections (810.01 and 810.02) results in a conclusion that the elements of the two crimes are the same except that section 810.01 carries the additional requirement that the building must be a dwelling house....
...no. 65-281, is affirmed, and the judgment and sentence upon the verdict of the jury, which is the subject of appeal no. 65-282, is reversed. The cause in 65-282 is remanded to the trial court with directions to enter judgment for the lesser offense (section 810.02, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...dangerous weapon, and (3) false imprisonment under Section
787.02, Florida Statutes (1977). They received consecutive sentences of 99 years, 30 years, and 5 years on the respective charges. The burglary constituted a first degree felony pursuant to Section
810.02(2)(a)....
...by the actions of a police informant who was also involved in the burglary. We find no error in the jury's rejection of the entrapment defense nor the court's rulings thereon. Defendants contend the information charging a first degree burglary under Section 810.02, Florida Statutes (1977), was deficient in that the elements of the alleged assault were not stated in the charging document....
...her than as a direct charge. Although the Second District in McRae v. State,
383 So.2d 289 (Fla. 2d DCA 1980), held that sexual battery could constitute an assault within the meaning of the burglary statute, we conclude the word "assault" as used in Section
810.02, Florida Statutes (1977), the burglary statute, should be defined by reference to Section
784.011 and Section
784.021, Florida Statutes (1979)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1543
...The appellant, Barry Allan Williams, appeals from three sentences imposed against him. We find that the trial court did not abuse its discretion in deviating from the guidelines in sentencing appellant and, accordingly, we affirm. Appellant was originally charged with burglary of a dwelling in violation of section
810.02, Florida Statutes (1983), and two counts of grand theft in violation of section
812.014, Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 372140
...See Blockburger v. United States,
284 U.S. 299,
52 S.Ct. 180,
76 L.Ed. 306 (1932). Burglary of a dwelling with battery requires the entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein. See §
810.02(2), Fla....
CopyCited 4 times | Published | Supreme Court of Florida
...The decisions are in conflict with State v. Fields,
390 So.2d 128 (Fla. 4th DCA 1980), and Waters v. State,
401 So.2d 1131 (Fla. 4th DCA 1981). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. These cases have to do with the construction and application of sections
810.02 [1] and
810.07, [2] Florida Statutes (1979), pertaining to the definition and proof of the crime of burglary....
...The district court was therefore correct in reversing the conviction. The result of both decisions of the district court of appeal are approved. It is so ordered. ALDERMAN, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur. NOTES [1] Section 810.02 provides: (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 11409, 2011 WL 2936748
...IF THE APPELLATE COURT IS NOT REQUIRED TO MANDATE A NEW TRIAL, MUST IT REQUIRE THE TRIAL COURT TO SELECT THE GREATER OFFENSE OR THE LESSER OFFENSE WHEN THE TWO OFFENSES ARE OFFENSES OF DIFFERENT DEGREES OR OF DIFFERENT SEVERITY RANKING? Affirmed. KELLY and LaROSE, JJ., Concur. NOTES [1] See § 810.02(3)(b), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Jacob, Asst. Atty. Gen., for appellee. Before HUBBART, C.J., and HENDRY and DANIEL S. PEARSON, JJ. HENDRY, Judge. A petition seeking an adjudication of delinquency was filed against appellant, charging him with intent to commit theft in violation of Section 810.02, Florida Statutes (1979)....
CopyCited 4 times | Published | Supreme Court of Florida
...f murder, attempted murder, armed robbery, and robbery. We reverse the conviction for burglary, for the reasons expressed below. We vacate the death sentence and remand for a new sentencing proceeding. First, we address Miller's burglary conviction. Section 810.02(1), Florida Statutes (1993), defines burglary: Burglary means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 409, 2010 WL 199298
...The documents, however, appear to be accurate copies of the information and the judgment and sentence from his 1976 criminal case, which were filed in the circuit court in Escambia County. The information, dated May 11, 1976, contains three counts. Count I alleges burglary in violation of section 810.02(3), Florida Statutes (1975), which was a second-degree felony in 1976....
...60 days in the county jail, all concurrent. The only sentence that has not expired at this time is the life sentence for burglary. It is apparent from our record that the State could have charged Mr. Davis with burglary with an assault in 1976 under section 810.02(2), which was a first-degree felony punishable by life, or the trial judge could have imposed a life sentence for the sexual battery. It does not appear, however, that either of these options occurred. On the face of our record, Mr. Davis simply appears to have received an illegal sentence for a burglary for which he was charged and convicted under section 810.02(3)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 19492
...Wheeler pleaded guilty to five counts of burglary of a dwelling, among other crimes, in exchange for the state's recommendation that Wheeler be sentenced to between 25 and 35 years in prison. The court sentenced him to 25 years for each of the burglaries. Burglary of a dwelling is a second-degree felony under section
810.02(3), Florida Statutes (1999), and is punishable by a maximum term of 15 years under section
775.083(3)(c), Florida Statutes (1999)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 5315
...me, notwithstanding its design for occupation by people lodging therein at night, was not a structure. Id. To remedy the above omissions, the legislature in chapter 82-87 not only added the definition of dwelling to section
810.011, but also amended section
810.02, the statute proscribing burglary as an offense, by including in subsection (2)(b) the words "or conveyance," thereby obviating Professor Latimer's criticism that one who arms himself inside a conveyance could not be convicted of a first-degree felony. Additionally, the legislature amended section
810.02(3) by adding the words "or conveyance," making the burglary of both conveyances and structures used as dwellings a felony of the second degree....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 528
...Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee. *855 COWART, Judge. Appellant pled guilty to burglay of a dwelling (§ 810.02(3), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1994 WL 43842
...the two burglary counts. The trial court ordered the sentences on the two burglary counts to run consecutively. The defendant first claims that he was improperly convicted of burglary as a second-degree felony. This contention is without merit. See § 810.02, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1993 WL 500323
...vis v. State,
465 So.2d 573, 576 (Fla. 1st DCA 1985). However, the second reason that the dwelling burglarized was occupied was valid, as it was not a factor of the crime of burglary with an assault, and thus supports the departure sentence. §§
810.02, 921.001(5), Fla....
...Affirmed as to both defendants' convictions; affirmed in part, reversed in part and remanded as to Jason Parnell's sentence; affirmed as to Jeffrey Parnell's sentence. NOTES [1] The trial court mistakenly scored Count One as a first degree felony. Burglary with an assault is a first degree felony. § 810.02(2), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...sion of other, collateral, crimes. There are numerous common examples of this: the use of a weapon or firearm (§
790.07(1) and (2), Fla. Stat. (1983)); the carrying of a concealed weapon (§
790.01, Fla. Stat. (1983)), the commission of a burglary (§
810.02, Fla....
...ial element of offense charged with precision and certainty.) The same problem is involved with the defendant's conviction of trespass while armed (§
810.08(2)(c)) under the charge in count three of burglary of a conveyance with an assault therein (§
810.02(2)(a)) in that an essential constituent element of the offense of trespass while armed (§
810.08(2)(c)) is that the offender is armed with a firearm or other dangerous weapon, or arms himself with such while committing a trespass in a stru...
...the charge in count three totally fails to contain any allegation that the defendant was armed with a firearm or other dangerous weapon. Trespass while armed (§
810.08(2)(c)) is not a necessarily lesser included offense of burglary with an assault (§
810.02(2)(a)) and count three did not contain the additional allegation necessary to make it a permissive included offense of the offense alleged in that count....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1997 WL 748874
...COBB, J., concurs. DAUKSCH, J., concurs specially with opinion. *270 DAUKSCH, Judge, concurring specially. While I agree the judgments should be affirmed, I cannot subscribe to the obiter dicta regarding section
924.051(8), Florida Statutes (Supp.1996). NOTES [1] §
810.02(2)(a), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 31889990
...In Stephens, the defendant broke into a car in Volusia County and led Volusia County deputy sheriffs on a high-speed chase into Seminole County, where Seminole County deputies captured and arrested him. Id. at 906 n. 2. Stephens argued on appeal that the "remaining in" language of section 810.02(1), Florida Statutes, did not apply in his case, because he unlawfully broke into the car in Volusia County....
...See also Johnekins v. State,
823 So.2d 253, 257 (Fla. 3d DCA 2002) ("There was no evidence of consensual entry of the car, so a `remaining in' theory did not apply."). This conclusion is also evident from the clarifying amendments made to the 2001 version of section
810.02(1)(b), which defines burglary as either (1) unlawful entry with intent to commit a crime therein, or (2) lawful initial entry and remaining in with intent to commit a crime when the remaining in is surreptitious, after permission has been withdrawn, or to commit a forcible crime....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1990 Fla. App. LEXIS 9589, 1990 WL 205493
...State,
386 So.2d 538 (Fla. 1980). A conviction for the crime of burglary requires proof of three essential elements: (1) knowing entry into a structure; (2) knowledge that such entry is without permission; and (3) criminal intent to commit an offense within such structure. §
810.02, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1816932
...inal mischief. M.S. asserts that the trial court erred by denying his motion for judgment of acquittal on the burglary charge because there was no evidence of his entering with the intent to commit an offense in the unit, an element of burglary. See § 810.02(1), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The state filed two separate informations against appellant. In case # 83-761, appellant was charged with criminal mischief, a violation of section
806.13, Florida Statutes (1981). In case # 83-1050, appellant was originally charged in a two-count information with first degree burglary, a violation of section
810.02, Florida Statutes (1981), and aggravated assault, a violation of section
784.021, Florida Statutes (1981)....
...Gause, located at 1711 James Street, New Port Richey, Pasco County, Florida, the property of Ingrid Gause with the intent to commit an offense therein, to-wit [sic]: assault, the said structure at the time not open to the public; contrary to Chapter 810.02(3), Florida Statutes, and against the peace and dignity of the State of Florida....
...f. On appeal, appellant challenges the sufficiency of the burglary count of the amended information. To convict a defendant of first degree felony burglary, the state must plead and prove not only the essential elements of the burglary as defined in section 810.02(1), but also that, in the course of committing the burglary, the defendant either made an assault upon a person or was armed or armed himself within the structure with explosives or a dangerous weapon. § 810.02(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1997 WL 464213
...f portions of the record demonstrating that the scoresheet error does not affect Prescott's sentence, or failing such proof, to resentence him based on a corrected scoresheet. As to defendant's claim that his sentence exceeded the statutory maximum, section 810.02(2)(a), Florida Statutes (1989), provides that if the defendant commits an assault or battery upon any person in the course of the burglary, the offense is a first-degree felony "punishable by imprisonment for a term of years not exceed...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2001 WL 907604
...ing. See §
775.082(8)(a)1., Fla. Stat. (1997); Huggins, 26 Fla. L. Weekly S174, ___ So.2d ___. Here, the jury found the appellant guilty, as charged, of burglary of a dwelling. (Emphasis added.) Unlike the sentence enhancement scheme under the PRR, section
810.02(3), Florida Statute (1997), does not enhance the offense of burglary based on occupancy. However, the burglary statute does distinguish between unoccupied and occupied dwellings. See §
810.02(3)(a), (b), Fla....
...ntence, it is the jury's function to be the finder of fact with regard to matters concerning the criminal episode." Id. at 1387. As occupancy of the dwelling is a matter concerning the criminal episode, the jury is the fact finder on this issue. See § 810.02(3)(a), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 159345
...Appellant, Brian Braswell, appeals his conviction for burglary of a conveyance. In this case of first impression in Florida, Braswell contends that burglary of a conveyance cannot be established by proof that he removed personal property from the open bed of a pickup truck. We disagree and therefore affirm. Section 810.02(1), Florida Statutes (1993), defines burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." "Conveyance" means any motor vehicle....
...It is possible, however, to distinguish the statutes in three of the jurisdictions which have upheld convictions Frey, Cloud and Richardson because their provisions prohibit entry into a vehicle, "or any part thereof," terms which are not included in Florida's burglary statute. Even though section 810.02(1) does not include the language quoted above, we do not consider the absence of same a significant distinction from the South Dakota, Texas and Illinois statutes involved....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Gardner, Public Defender, and Robert B. Persons, Jr., Asst. Public Defender, Sarasota, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee. GRIMES, Judge. Appellant was charged pursuant to Fla. Stat. § 810.02, F.S.A., with breaking and entering a building with intent to commit a felony therein, to-wit: grand larceny....
CopyCited 4 times | Published | Supreme Court of Florida | 1999 WL 250258
...Weekly D790, ___ So.2d ___,
1998 WL 129034(Fla. 1st DCA 1998), in which the district court certified conflict with the opinion in Garvin v. State,
685 So.2d 17 (Fla. 3d DCA 1996), regarding whether the "open to the public" defense is a complete defense to the charge of burglary. See §
810.02(1), Fla....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 1482283, 2013 U.S. App. LEXIS 7339
...relevant to this appeal. In 1986, he pleaded guilty to one count of robbery and two
counts of aggravated assault stemming from a single incident. In 1989, he pleaded
nolo contendere to burglary of a dwelling, a second-degree felony pursuant to Fla.
Stat. § 810.02....
...denial of his § 2255 motion. In
both instances, the district court concluded that it lacked subject-matter jurisdiction
to entertain Williams’s claim -- which asserted, through the lens of ineffective
assistance of counsel, that his Fla. Stat. § 810.02 burglary convictions were not
violent felonies in light of Taylor and Shepard -- because Williams was effectively
seeking a second § 2255 motion....
...edent. The government said that
there was no controlling circuit precedent that foreclosed Williams’s claim during
his direct appeal and that, in any case, none of the Supreme Court’s subsequent
ACCA decisions cast doubt on whether Fla. Stat. § 810.02 is a violent felony.
Thus, the savings clause did not permit Williams’s § 2241 petition.
II.
Whether a prisoner may bring a 28 U.S.C....
...According to the dissent, the
23
Case: 11-13306 Date Filed: 04/11/2013 Page: 24 of 51
No Eleventh Circuit precedent squarely held that burglary of a dwelling, as
defined in Fla. Stat. § 810.02, was a violent felony for ACCA purposes during
requirement of circuit-busting Supreme Court precedent “does not apply to someone serving a
sentence beyond what the statute allows.” Dissenting Op....
...24
Case: 11-13306 Date Filed: 04/11/2013 Page: 25 of 51
Williams’s direct and collateral attacks. In United States v. Hill,
863 F.2d 1575,
1581-82 (11th Cir. 1989), a panel of this Court had held that §
810.02 was a
“burglary” under the ACCA’s enumerated felonies clause and thus was
categorically a violent felony....
...entry into
an actual building or structure; thus, the Court held that a Missouri burglary statute,
which criminalized entry of locations other than a structure, was not categorically a
burglary for ACCA purposes. See id. at 599. Since Fla. Stat. § 810.02 defines
dwelling to include both the structure and its surrounding curtilage, Taylor
rendered it impossible to hold that § 810.02 was categorically a violent felony
under the ACCA’s enumerated felonies clause. After Taylor abrogated Hill,
therefore, it was an open question in this Circuit whether § 810.02 might
categorically constitute a violent felony not under the ACCA’s enumerated
felonies clause but rather under the so-called residual clause, which covers crimes
that “otherwise involve[] conduct that presents a serious potential risk of physical
injury to another,” 18 U.S.C....
...The government points out that “[t]here was no controlling circuit law that would
have foreclosed [Williams’s] claims at time of his direct appeal in 1999.”
Moreover, there has been no Supreme Court decision that would alter this Court’s
treatment of Fla. Stat. § 810.02 as a violent felony....
...altered the applicable legal test. When we evaluate whether Begay was “circuit-law
busting” in the savings clause context, we must find that Begay “overturned circuit
precedent” specifically addressing the claim Williams now asserts -- namely, that
Fla. Stat. § 810.02 is not a violent felony for ACCA purposes....
...straction by crafting its
“purposeful, violent, and aggressive” test. It did not abrogate all of this Court’s
pre-Begay violent felony jurisprudence. Thus, it is not at all clear that Begay would
have abrogated any circuit precedent holding § 810.02 was a violent felony....
...But in
any case, we need not dwell on that question because, at the time of Williams’s
first § 2255 motion, there was no circuit precedent for Begay to bust. 6 None of the
cases Williams cites are apposite because they concern criminal statutes other than
Fla. Stat. § 810.02....
...1996) (carrying a concealed firearm). The most that
6
We note in passing that the Supreme Court recently has substantially circumscribed the reach
of Begay so that its similar-in-kind requirement no longer applies to intentional crimes like Fla.
Stat. § 810.02....
...upon a retroactively applicable Supreme Court decision overturning circuit precedent.”
177 F.3d
at 1245. Williams has identified the Supreme Court case, Begay, but he has not identified any
circuit precedent, overruled by Begay, that held that Fla. Stat. §
810.02 was a violent felony
under the ACCA’s residual clause....
...role
for the savings clause. See
177 F.3d at 1244. At all events, we are bound by this Court’s
precedent.
Finally, we note that the district court denied Williams’s claim not by relying on circuit
precedent that held that his Fla. Stat. §
810.02 offense was categorically a violent felony under
the ACCA’s residual clause....
CopyCited 3 times | Published | Supreme Court of Florida
...on household item, such as a screwdriver, and the evidence shows that the item was used, or was intended to be used, in a burglary. In Borges v. State,
415 So.2d 1265 (Fla. 1982), we upheld a conviction and sentence for both the offense of burglary, section
810.02, Florida Statutes (1977), and the offense of possession of burglary tools, section
810.06, Florida Statutes (1977)....
...Possession of a common household item can be illegal when the person possessing it has used it in committing a burglary or has the intent to use it in committing a burglary. §
810.06. The offenses of burglary and possession of burglary tools are separately defined offenses under sections
810.02 and
810.06, and, even through the tool in question is a screwdriver, a person may properly be convicted and sentenced for each of them under section
775.021(4)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2000 WL 1268843
...tment building that was open to the public. In support of this argument he relies on Miller v. State,
733 So.2d 955 (Fla.1998). He also contends in the alternative that his conviction for burglary was wrongfully scored as a first degree felony under section
810.02(2), Florida Statutes, because the jury made a specific finding that he possessed a weapon, but not a dangerous weapon....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2007 WL 2781122
...pon, to-wit: a handgun/firearm, and in fact, Lou Joseph [Defendant] did discharge said firearm during the course of committing said Burglary and as a result of said discharge, great bodily harm was inflicted upon Luc Patrick ALEXANDRE, contrary to F.S. 810.02(1), F.S. 810.02(2) and F.S....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1995 WL 544153
...ence. [2] We affirm. Appellant contends, inter alia, that because the knife he carried was a pocket knife and because there is no evidence that it had been used in a manner likely to cause death or great bodily harm, [3] he cannot be convicted under section 810.02(2)(b), Florida Statutes (1993) for an "armed burglary." Appellant relies for this proposition on Arroyo v....
...in to attempted armed robbery than to assault with a deadly weapon. [5] Most significantly, the state maintains the Fourth District's definition of "dangerous weapon" results in the merger of two distinct provisions of the burglary statute, sections 810.02(2)(a) and (b). Section 810.02(2)(a), provides that burglary is a life felony if the defendant commits an assault or battery on any person. Section 810.02(2)(b), provides that burglary is a life felony if a defendant is armed with a "dangerous weapon." Therefore, to employ the definition of "dangerous weapon" that the Fourth District uses in Arroyo necessarily merges the two subsections into one....
...e or actually use it against someone. Arroyo is correct to the extent that the Fourth District looked to the definition of "weapon" in section
790.001(13), Florida Statutes, in considering whether a pocketknife constitutes a "dangerous weapon" under section
810.02(2)(b). The legislature has determined in section
790.001 that what it refers to as a "common pocketknife" does not constitute a weapon. The Arroyo court, however, erroneously engrafted upon section
810.02(2)(b) the proviso that a common pocketknife becomes a "dangerous weapon" where used "in a manner likely to cause death or great bodily harm." Arroyo,
564 So.2d at 1155....
...The legislature did not intend for one simply carrying a common pocketknife on his person during a burglary to be guilty of a life felony. The majority opinion in this case is in conflict with the result in Arroyo. In order to sustain the conviction under section 810.02(2)(b) it was the state's burden to establish that the defendant was armed with a "dangerous weapon." The state showed that the defendant carried on his person a "large folding pocketknife." [6] The state did not carry its burden of showing that the defendant possessed something other than a common pocketknife....
...It was error for the trial court to deny the defendant's motion for judgment of acquittal as to the charge of attempted armed burglary. The defendant's conviction should be reduced to attempted burglary, and the cause remanded for resentencing. NOTES [1] § 810.02(2)(b), Fla....
...en into account the manner in which it is used. It was not used, if at all, in this case to produce bodily harm. Officer Giammarinaro said it was used to pry the screen. But there was no evidence of that. The victim made no mention of any knife. [2] Section 810.02(2), Florida Statutes (1993) reads: (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Public Defender, Tallahassee, for appellant. Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for appellee. ZEHMER, Judge. Appellant was charged with burglary of a dwelling and possession of a firearm during the burglary in violation of §
810.02 and §
775.087(2), Florida Statutes (1981)....
...1st DCA 1979), quashed on other grounds,
395 So.2d 520 (Fla. 1981). In Sanders, supra, the defendant was found guilty of burglary of a dwelling while armed with a firearm and theft of the same firearm. He was sentenced to a mandatory three-year minimum term pursuant to §
810.02 and §
775.087(2)....
...The court reasoned that the "mere showing of theft of a gun after entering a structure, standing alone, is insufficient to prove burglary armed with a dangerous weapon."
352 So.2d at 1188. Similarly, in Wilson, supra, it was stated: The allegations in the information track the language of Section
810.02(2)(b), Florida Statutes (1977), alleging that appellant committed burglary of a dwelling and, while doing so, he `armed himself therein with a dangerous weapon ......
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 25 Fla. L. Weekly Fed. D 2383
...James' offenses (attempted first-degree murder with a firearm), however, was a life felony. See §§
775.087(1)(a),
777.04(4)(b),
782.04(1)(a), Fla. Stat. (1995). The other offense of which Mr. James was convicted, armed burglary, was a first-degree felony punishable by life imprisonment. See §
810.02(2)(b), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 4755342
...Both of the offenses with which appellant was charged are specific intent crimes. An essential element of the offense of burglary of an occupied dwelling is that the defendant "enter[ed] a dwelling ... with the intent to commit an offense therein...." § 810.02(1)(b)1, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 1334756
...up out of the truck and set it down," and then began to walk away with it. Police thereafter arrested him. Barton was convicted as charged. He was sentenced as an habitual felony offender to ten-year concurrent terms in prison. This appeal followed. Section 810.02(1), Florida Statutes (2001), defines burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." [1] In Braswell v....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1993 WL 424187
...On the other hand, there was circumstantial evidence that both he and his car were at the scene of the burglary and that the stolen goods were transported in that vehicle to the awaiting purchasers. REVERSED and REMANDED with instructions to reinstate jury verdict. GOSHORN and DIAMANTIS, JJ., concur. NOTES [1] § 810.02, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 2673907
...ult or battery, carrying a concealed weapon, resisting an officer without violence, and criminal mischief. The crime of burglary of a structure with an assault or battery upon any person is a felony punishable by imprisonment not exceeding life. See § 810.02(2)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2469
...Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. The appellant, Ignacio Mora, appeals the sentence imposed by the trial court. We reverse. The appellant was charged with burglary with assault or battery in violation of section
810.02, Florida Statutes (1983), and sexual battery in violation of section
794.011(5), Florida Statutes (1983)....
...We find that the departure sentence imposed by the trial court was based upon both valid and invalid reasons. The appellant was convicted of burglary with assault or battery. An element of that offense is that the defendant must have made an assault or battery during the course of the burglary. See § 810.02(2)(a)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1992 WL 279993
...The crime of burglary is defined as: [E]ntering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain. § 810.02(1), Florida Statutes (1989)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 204587
...ained in the presentence investigation (PSI) in determining appellee's eligibility for provisional credit. Under the limited circumstances of the case, we affirm the trial court's decision. Appellee was convicted by a jury of burglary of a dwelling (section
810.02, Florida Statutes) and battery (section
784.03, Florida Statutes)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...ilt upon the burglary charge. The second point presented is predicated upon the fact that while the applicable burglary statute, Chapter 810, *47 Florida Statutes (1975), does not make burglary of a dwelling a distinct offense, a subsequent section, Section 810.02(3), Florida Statutes (1975), provides that burglary of a dwelling constitutes a felony in the second degree while the burglary of an unoccupied structure constitutes a felony in the third degree....
...I respectfully dissent from that portion of the majority opinion dealing with appellants conviction of burglary of the second degree. On October 28, 1976, the state charged appellant with a felony of the second degree, i.e. burglary of a dwelling, in violation of Section 810.02(3), Florida Statutes (1975)....
...mstances which elevated this alleged burglary from third degree burglary to second degree burglary. The court gave only the Florida Standard Jury Charge which pertains to the burglary of a "structure", which constitutes burglary of the third degree. § 810.02(1), Fla....
...aw which distinguishes these principles. In this case, as distinguished from those cited above, the trial court failed to charge the jury on an essential element of the crime charged in the information, i.e., that appellant entered a "dwelling." See § 810.02(3), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
..."`Delinquent child' means a child who commits a violation of law... ." [2] §
39.01(27), Fla. Stat. (1977). "`Violation of law' means a violation of any law of the United States or of the state, or of a local ordinance, which would be a misdemeanor or a felony if committed by an adult." [3] §
810.02(3), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 WL 1043955
...as because D.E.R. had committed the new crime of grand theft while on community control, we need not reach the question of whether an unproven offense alone constitutes a valid ground for departure. AFFIRMED. DAUKSCH and COBB, JJ., concur. NOTES [1] § 810.02(4)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3401143
...five years. §§
775.082(3)(d),
784.021, Fla. Stat. (2002). [3] In addition to the robbery and four counts of aggravated assault, the State also charged both defendants with an additional offense armed burglary with assault or battery while armed. §
810.02(2)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1994 WL 637703
...We begin our discussion with an examination of relevant sections of chapter 810, Florida Statutes (1991), that define the crime of burglary. We also focus on the recent interpretive gloss placed on the burglary statute by the supreme court in Baker. Section 810.02(1) provides in pertinent part that "`[b]urglary' means entering or remaining in a structure ... with the intent to commit an offense therein." Section 810.02(3) enhances the penalty for burglary if the structure entered is a dwelling....
...closure would mean that a person who entered an open yard surrounding a dwelling in broad daylight, without the homeowner's consent, with the intent to take a piece of fruit from a tree located in the yard, would be guilty of a second-degree felony. § 810.02(3). [12] If the homeowner then confronted this person and became the victim of a simple assault or battery, the offending person would be guilty of a first-degree felony punishable by a term of years not exceeding life. § 810.02(2)(a)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 661743
...Obviously, had the manager made the telephone call for assistance, detection would have been immediate. The evidence passes the test of Faison. Garvin also argues that his burglary conviction cannot stand as the restaurant premises were open to the public at the time the offense was committed. Citing section 810.02(1), Florida Statutes (1995), he wishes us to conclude that he is "exempt" from the burglary charge. Section 810.02(1), Florida Statutes (1995) defines the crime of burglary as: "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or th...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Weitzner, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen., and Renee E. Ruska, Asst. Atty. Gen., for appellee. Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ. HENDRY, Judge. The appellant challenges his conviction of burglary pursuant to section 810.02, Florida Statutes (1981), contending on appeal that the trial court erred in denying his motion for judgment of acquittal where the evidence failed to establish that he entered the conveyance (a boat) with the intent to commit the specific offense of theft therein....
...At the conclusion of the evidence, the appellant moved for a judgment of acquittal with regard to the burglary charge. When that motion was denied, the defense rested. The jury returned verdicts of guilty as charged on both counts and judgment and sentence were entered accordingly. *860 Section 810.02, Florida Statutes (1981), defines burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or in...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 72059
...ng because the house had been unoccupied for several months and, therefore, could not be considered a "dwelling" within the meaning of section
810.011(2), Florida Statutes (1989). [1] Appellants argue that the 1982 amendment to the burglary statute, section
810.02, implementing the definition of "dwelling", was intended only to broaden the category of buildings that may qualify as dwellings, *784 and was not intended to revoke the long-standing requirement in Florida law that a house be inhabited in order to be a dwelling....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 140120
...ain dwelling located at 1911 Ave Q, in Ft. Pierce, ... with the intent to commit an offense therein, to wit: ASSAULT, and upon entering said dwelling was armed or did arm himself with a deadly weapon, to wit: a RIFLE, in violation of Florida Statute
810.02(2)(a); While the indictment charges appellant with armed burglary, a first-degree felony punishable by life, the trial court reclassified the offense to a life felony pursuant to section
775.087(1)(a), Florida Statutes (1991), and listed it as such on appellant's scoresheet and judgment of conviction....
...element, and during the commission of such felony the defendant carries, displays, uses, threatens, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery... . (Emphasis added). Section
810.02(2), Florida Statutes (1991), provides that burglary is a felony of the first degree punishable by a term of years not exceeding life imprisonment if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person. (b) Is armed, or arms himself within such structure or conveyance, with explosives or a dangerous weapon. While the enhancement statute does not apply when the defendant is convicted of armed burglary pursuant to section
810.02(2)(b) because use of a firearm is an essential element of that crime, it does apply to a conviction for burglary with an assault or battery pursuant to section
810.02(2)(a). Lamont v. State,
610 So.2d 435 (Fla. 1992). *842 As the state contends, the indictment cites to section
810.02(2)(a) (burglary with an assault or battery)....
...Furthermore, the language utilized on the verdict form indicates that the jury found appellant guilty of that offense. [1] While a conviction for burglary with an assault or battery is subject to the enhancement statute, the language used in the indictment describes the offense of armed burglary as defined in section 810.02(2)(b)....
...ered the victim's home "with the intent to commit an offense therein, to wit: a battery." The court concluded that this language, at most, alleged only second-degree burglary: For [the defendant] to have been convicted of first degree burglary under Section 810.02(2), Florida Statutes (1987), the information necessarily had to allege that appellant actually committed a battery or that he was armed or that he armed himself while in the structure....
...urglary with a battery conviction could not stand. Id. In the instant case, appellant clearly was charged with first-degree burglary. However, while the information did allege sufficient information to convict appellant of armed burglary pursuant to section 810.02(2)(b), it did not allege that appellant actually committed an assault on Sandra Ashe....
...[2] See State v. Gray,
435 So.2d 816 (Fla. 1983) (a conviction cannot rest on an indictment which fails to allege one or more essential elements of the crime). Once this court determines that appellant could only be convicted of first-degree burglary pursuant to
810.02(2)(b), his conviction cannot be reclassified as a life felony pursuant to section
775.087(1)(a) because, as previously mentioned, the use of a weapon is a necessary element of that offense....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 46227
...set aside and vacate sentence (Case No. 88-1718 burglaries), and in denying appellant's motion to dismiss the information for lack of jurisdiction (Case No. 88-1399 escape). Appellant was arrested on March 8, 1988 for burglary, in violation of section 810.02, Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 6044, 2009 WL 1456994
...He argues that the Department of Corrections has classified him based on the "occupied" dwelling charge which is considered a "violent crime" as opposed to burglary of an unoccupied dwelling which is allegedly not considered violent. Ezer's judgments reflect convictions for burglary of a dwelling under section 810.02(1). The judgments do not indicate that the dwelling was occupied. Burglary of a dwelling is a second-degree felony regardless of whether the dwelling was occupied. See § 810.02(3)(a), (b), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 51220
...Crouch, Asst. Public Defender, Daytona Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellee. ORFINGER, Judge. Appellant was charged with and convicted of burglary with a battery (section
810.02(2)(a)) and simple battery (section
784.03, Florida Statutes (1987))....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1138
...Weitzner, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen., and Mark J. Berkowitz, Asst. Atty. Gen., for appellee. Before HUBBART, NESBITT and BASKIN, JJ. BASKIN, Judge. Defendant Fischer was charged with one count of burglary of an occupied dwelling, § 810.02, Fla....
...the victim during the commission *146 of the burglary and the robbery verdict failed to specify that he possessed a deadly weapon during the commission of the robbery. We agree with Fischer's contention solely as to the burglary conviction. Sections
810.02 and
812.13, Florida Statutes (1983), provide that unarmed burglary without an assault and unarmed robbery are second degree felonies....
...weapon or assaults an occupant or, if in the course of committing a robbery, a defendant carries a deadly weapon, the offense is reclassified as a first degree felony, punishable by imprisonment for a term of years not exceeding life imprisonment. §§
810.02(2),
812.13(2)(a), Fla....
...dict finding possession for enhancement of a sentence. As the fifth district states in Henry v. State,
483 So.2d 860 (Fla. 5th DCA 1986), the supreme court in State v. Overfelt,
457 So.2d 1385 (Fla. 1984), cited and implicitly overruled Tindall. [3] §
810.02(3), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 6551, 2010 WL 1879334
...Bordes was charged with burglary of a dwelling. The information alleged that Bordes did "unlawfully, enter or remain in a structure, to wit: a dwelling ... property of Tori Webber, with intent to commit therein the offense of Theft ... contrary to F.S. 810.02(1) and F.S. 810.02(3)." Trespass is a category II permissive lesser-included of burglary....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 818010
...her count. Brown,
959 So.2d at 220; see also State v. Powell,
674 So.2d 731, 732-33 (Fla.1996). To prove a burglary, the State needs to prove that a defendant entered a dwelling, structure, or conveyance with the intent to commit an offense therein. §
810.02, Fla....
...Thus, the jury could properly find that Conrad committed a burglary because he re-entered Jesse Black's Saloon with the intent to commit a battery even though he did not subsequently commit a battery. The jury's finding that Conrad committed a burglary with a battery therein while armed raises a separate issue. Section 810.02(2) provides for enhanced penalties where, in the course of the commission of a burglary, the offender: a....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 625900
...5th DCA 2004) (recognizing that for purposes of section 921.0016(4)(j), a crime may not be considered an isolated incident where the defendant has previously been convicted of other felonies and misdemeanors). SENTENCE VACATED; REMANDED. GRIFFIN and MONACO, JJ., concur. NOTES [1] § 810.02(3), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2000 WL 731362
...PETERSON and SAWAYA, JJ., concur. NOTES [1] In Case No. CR97-12781, Bright was charged with seven offenses; carjacking (§
812.133); kidnaping with intent to commit a felony (§
787.01(1)(a)2.); burglary of a conveyance with an assault or battery (§
810.02(1), (2)(a), battery on a law enforcement officer (§
784.07(2)(b); resisting an officer with violence (§
843.01); resisting arrest without violence (§
843.02); and aggravated battery with a deadly weapon on a law enforcement officer (§
784.07(2)(d)). The court directed a verdict of acquittal on the kidnaping charge and the jury found Bright guilty of attempted carjacking and guilty as charged on the other counts. [2] Burglary of a conveyance with an assault or battery. §
810.02(1), (2)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 413405
...Although a defendant is not entitled to a perfect trial, Mr. Chatmon's trial evolved into a game of musical chairs, with life imprisonment at stake, and Mr. Chatmon being the only player who could lose. Reversed and remanded. BLUE and NORTHCUTT, JJ., Concur. NOTES [1] See § 810.02(2)(a), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 66158
...See Pope v. State,
542 So.2d 423 (Fla. 5th DCA 1989); cf. Dyer v. State,
534 So.2d 843 (Fla. 5th DCA 1988). AFFIRM in part; REVERSE in part; REMAND for resentencing. GOSHORN, J., concurs. DAUKSCH, J., concurs in conclusion only without opinion. NOTES [1] §
810.02(2)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2468695
...Appellant. Bill McCollum, Attorney General, Tallahassee, and Joseph Hwan-Yul Lee, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Robert Eugene Pitts appeals a judgment for burglary of a conveyance with an assault or battery, see § 810.02(2)(a), Fla....
...week-long hospital stay. II. A TRIAL ON BURGLARY INSTEAD OF AGGRAVATED BATTERY Based upon these events, the State charged Mr. Pitts with burglary of a conveyance with an assault or battery, a first-degree *29 felony punishable by life imprisonment. § 810.02(2)(a)....
...this particular offense may have occurred. To support the charge of burglary of a conveyance with an assault or battery, the State maintained that Mr. Pitts committed a burglary when his hands entered the cab of the truck through the open door. See § 810.02(1)(b)(1) (defining burglary as "[e]ntering ......
...The State argued that the entry was made with the intent to commit an assault or battery therein. Although burglary of an occupied conveyance is normally a second-degree felony punishable by no more than fifteen years' imprisonment, see §§
775.082(3)(c),
810.02(3)(d), Fla. Stat. (2005), the offense becomes a first-degree felony punishable by life imprisonment if in the course of committing the offense, the offender "[m]akes an assault or battery upon any person." See §
810.02(2)(a)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 10508, 2011 WL 2624431
...Matthew Vantine appeals his judgments and sentences imposed after he admitted violating his probation for the underlying offenses of three counts of burglary of a dwelling, burglary of a structure, burglary of a conveyance, and grand theft of a motor vehicle. See §§
810.02(3)(b);
810.02(4)(a), (b);
812.014(2)(c)(6), Fla....
...fense. See §
958.14, Fla. Stat. (2006). [1] The trial court properly sentenced him to ninety-nine months for the three second-degree-felony burglaries of a dwelling that carry fifteen-year maximum sentences. See §
775.082(3)(c), Fla. Stat. (2006); §
810.02(3)(b). However, the ninety-nine-month sentences for burglary of a structure, burglary of a conveyance, and grand theft of a motor vehicle were illegal because they are third-degree felonies that carry five-year maximum sentences. See §§
775.082(3)(d);
810.02(4)(a), (b);
812.014(2)(c)(6)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Flenoil Crook was charged with burglary with a firearm and aggravated battery and was found guilty by a jury of attempted burglary with a firearm and aggravated battery. He challenges his sentence of ten years for the attempted burglary and urges that the maximum sentence for his offense is five years. [1] We agree. Section 810.02, Florida Statutes (1977), provides that burglary with a firearm is a first degree felony....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2088271
...Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee. VILLANTI, Judge. George Munoz appeals his judgment and sentence as a habitual felony offender to fifteen years' prison for burglary of a dwelling, a second-degree felony. See § 810.02(3), Fla. Stat. (2004). He argues that the house under construction which he is accused of burglarizing cannot qualify as a dwelling and that his conviction should therefore be reduced to burglary of an unoccupied structure, a third-degree felony. See § 810.02(4)(a)....
...The evidence that Munoz entered the house under construction with intent to commit a theft was insufficient to sustain a conviction for burglary of a dwelling. As Munoz concedes, the evidence could have sustained a conviction for burglary of an unoccupied structure, see § 810.02(4)(a), which was submitted to the jury as a lesser-included offense....
...[4] The exception in section
810.011(2) states, "However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss.
810.02 and
810.08 only, the term [dwelling] includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof."
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 274465
...Affirmed in part, reversed in part, and remanded with instructions. SCHOONOVER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur. NOTES [1] Sexual battery, as defined in §
794.011(3), Fla. Stat. (1991). [2] Kidnapping, §
787.01(2), Fla. Stat. (1991), and burglary with assault, §
810.02(2)(a), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...the Circuit Court of Gulf County, Florida, upon his conviction by a jury of the offense of having unlawfully entered or unlawfully remained in a cafe located in said county, with the intent to commit an offense therein, contrary to the provisions of Section 810.02, Florida Statutes (1975)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee. DAUKSCH, Chief Judge. This is an appeal from a judgment in a burglary and assault case. The issue on appeal is whether a conviction for burglary under section 810.02(2)(a), Florida Statutes (1979), precludes the conviction for the necessarily included assault....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 770010
...The state charged appellee with first degree murder and armed burglary of an occupied structure with an assault/battery, along with other lesser charges. Appellee moved to dismiss the burglary charge on the basis of Miller. The court dismissed the charge, and the state appeals. Section 810.02(1), Florida Statutes (1999), defines burglary as follows: "`Burglary' means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the...
...premises are open to the public. Otherwise, every time a person entered a structure that was open to the public with the intent to commit a crime, the person would have committed a burglarya result directly in conflict with the express language of section 810.02(1)....
...entered or remained with the intent to commit an offense therein."
733 So.2d at 957 (emphasis added). The court purposefully created this bright-line rule because anything less would create "a result directly in conflict with the express language of section
810.02(1)." Id....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 21949
...eny in a building. In Florida, the elements of burglary require that the premises in question are not at that time open to the public, and a defendant does not commit the offense of burglary where he is invited or licensed to remain on the premises. § 810.02(1), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 WL 18682
...The State is required to introduce competent evidence inconsistent with defendant's theory of events. Reynolds,
934 So.2d at 1136; Darling,
808 So.2d at 155-56. As to home # 1, the jury convicted defendant of burglary with damage in excess of $1,000. Section
810.02 defines burglary as a life felony if the burglary itself causes damages greater than $1,000. §
810.02(2)(c)2., Fla....
...Here, the State presented evidence of damage to home # 1 but gave no proof as to the value of the damage. The State gave evidence that the Hummer sustained $3,000 in damage but offered no proof indicating that the damage occurred "within the dwelling or structure" as required by section 810.02(2)(c)(2)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 580, 2010 WL 325898
...Campbell was charged with two counts of sexual battery with a deadly weapon on a person twelve years of age or older, in violation of sections
784.03(2),
775.087,
794.011(3) and (4)(b), and
794.0115(2)(a), Florida Statutes; one count of burglary of a dwelling with a person assaulted, in violation of sections
784.03(2) and
810.02(2)(a) and (b), Florida Statutes; and one count of aggravated battery with a deadly weapon causing great bodily harm, in violation of sections
784.03(2),
784.045(1)(a)1 and 2, and
775.087, Florida Statutes....
...See §
775.082(9)(a)(3), Fla. Stat. (2006). For a first-degree felony punishable by life, such as burglary of a dwelling with an assault, the PRR statute provides that the defendant must be sentenced to a term of life imprisonment. See §§
775.082(9)(b) and
810.02(2)(a), Fla....
...The burglary statute provides, (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s.
775.082, s.
775.083, or s.
775.084, if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person . . . §
810.02(2)(a), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 5354
...ied) In addition, at the same plea hearing, Mantle pled nolo contendere to burglary of a dwelling, a second degree felony, which was a lesser offense than the one with which he had been charged in the information: burglary of a dwelling while armed (§ 810.02(2)(b), Fla....
...If he does so, the state may proceed to prosecute him for the more serious felony offenses charged in the informations for which he could receive life imprisonment. REVERSED and REMANDED. DAUKSCH, J., concurs. GRIFFIN, J., concurs in result only. NOTES [1] §
794.011(5), Fla. Stat. (1989). [2] §
810.02(3), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 342546
...Mr. Vargas left his bag in the house when he and his wife went to dinner; it was gone when they returned. To prove burglary in this case the State was required to show that J.J.D. entered the dwelling "with the intent to commit an offense therein." § 810.02(1)(b)(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1988 WL 6049
...Public Defender, for appellant. Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee. Before HENDRY, NESBITT and JORGENSON, JJ. PER CURIAM. The appellant was found to have committed the offense of attempted burglary of an automobile, § 810.02, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1804, 2010 WL 569846
...n offense once he entered the victim's residence. Generally, in order to prove burglary of a dwelling, there must be evidence to support a finding that the defendant entered or remained in a dwelling with the intent to commit an offense therein. See § 810.02, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 2011 WL 6090069
defendant is licensed or invited to enter or remain.” §
810.02(1), Fla. Stat. (1999). In moving for judgment
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 2679
...Accordingly, the defendant's conviction for grand theft is affirmed, but the sentence is reversed and the cause is remanded for resentencing consistent with this opinion. CONVICTION AFFIRMED, SENTENCE REVERSED. HERSEY, C.J., and HURLEY and DELL, JJ., concur. NOTES [1] § 810.02(2)(b), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 5070330
...ling without permission and with the intent to commit an offense therein or (2) following an invited entry, remained in the dwelling surreptitiously, or after permission to remain had been withdrawn, with the intent to commit an offense therein. See § 810.02(1)(b), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2002 WL 1285453
...Martin, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. On direct appeal of his burglary conviction, Curtis Foster contends that Delgado v. State,
776 So.2d 233 (Fla.2000), requires reversal. Even though the Legislature has since amended section
810.02(1), Florida Statutes (1999), we agree that Chapter 2001-58, section 1, Laws of Florida (codified at section
810.015, Fla....
...hem to enter or remain in the structure at that time. And three, at the time of entering or remaining in the structure Curtis Foster had a fully formed conscious intent to commit the offense of theft while in that structure. (Emphasis supplied.) See § 810.02(1), Fla....
...an offense upon entering a structure did not, having formed such an intent once inside, thereafter "remain in" the structure surreptitiously. The Delgado court held that a person does not "remain in" a structure for purposes of the burglary statute, section 810.02(1), Florida Statutes (1989), unless the person remains inside surreptitiously....
...emain in the dwelling, structure, or conveyance surreptitiously. (2) It is the intent of the Legislature that the holding in Delgado v. State , Slip Opinion No. SC88638 [,
776 So.2d 233] be nullified. It is further the intent of the Legislature that s.
810.02(1)(a) be construed in conformity with Raleigh v....
...4th DCA 1980) ("In fact, retroactive application of an amended or repealed statute affecting prosecution or punishment is unconstitutional. Article X, Section 9, Florida Constitution."). In deciding Delgado as it did, the Supreme Court of Florida unambiguously rejected its prior interpretation of section 810.02(1)....
...both the offenses for which a perpetrator can be convicted and the punishments which may be imposed.... Payne v. State,
538 So.2d 1302, 1303 (Fla. 1st DCA 1989). By the time appellant stood trial, the Delgado court's new, definitive construction of section
810.02(1) was binding. The offense allegedly occurred before Chapter 2001-58, section 1, Laws of Florida, took effect. By the time Chapter 2001-58 was enacted, the Delgado court had already announced the controlling construction of section
810.02(1), Florida Statutes (1989), as to all cases not yet final as of August 24, 2000....
...After the publication on August 24, 2000, of the final Delgado opinion ( Delgado v. State,
776 So.2d 233 (Fla.2000)), the Florida Legislature enacted section
810.015, Florida Statutes (2001), which includes the legislative finding that the supreme court in Delgado had interpreted the burglary statute, section
810.021(1), Florida Statutes (1989), in a manner contrary to legislative intent and therefore the Delgado holding should be nullified....
...n applies even where "ex post facto protections are not implicated"). [7] Inasmuch as the prosecutor argued in closing that the jury could convict on the very theory that Delgado disallowed, we could not find the error harmless, if preserved. [1] In section 810.02(1)(b), Florida Statutes (2002), the legislature specified that its new definition of burglary, providing that the offense can be accomplished by remaining within a dwelling, structure or conveyance after permission to remain within has been withdrawn, applied to offenses committed after July 1, 2001....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...nd arm. The trial judge then found appellee's actions could be construed to be a burglary with intent to commit an assault. Nonetheless, the court concluded that the legislature did not intend this to be a burglary and granted the motion to dismiss. Section 810.02(1), Florida Statutes (1977), provides: "`Burglary' means entering or remaining in a structure or a conveyance *776 with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2721
...s case, the state prison time does not exceed the maximum of the guideline sentence range, and the total time for incarceration and probation does not exceed the term provided by general law. AFFIRMED. COBB, C.J., and UPCHURCH, J., concur. NOTES [1] § 810.02(1), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10743, 2009 WL 2382279
...Our review of this argument, too, is de novo. Jackson,
925 So.2d at 1170 n. 1. Etienne's third argument is mistaken. The trial court did not enhance count three to a life felony. Count three already was a first degree felony punishable by life imprisonment. See §
810.02(2)(b), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 200942
...89-3257-CF, appellant was convicted of three counts of sexual battery by use of, or threats to use, a deadly weapon or by actual use of physical force likely to cause serious personal injury, in violation of Section
794.011(3), Florida Statutes (1987); armed burglary, with an assault, in violation of Section
810.02(2)(a) and (b), Florida Statutes (1987); and kidnapping, in violation of Section
787.01(2), Florida Statutes (1987)....
...here is no authority for the imposition of consecutive sentences. Burglary during which an assault is committed, or while armed with a deadly weapon, is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. Section 810.02(2)(a), (b), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Greene, Asst. Public Defender, for appellee. Before SCHWARTZ, NESBITT and FERGUSON, JJ. NESBITT, Judge. While committing a burglary, the defendant stole a loaded handgun. He was informed against for armed burglary of a structure which is prohibited by Section 810.02(2)(b), Florida Statutes (1979)....
...Haddock v. State,
141 Fla. 132,
192 So. 802 (1939); O'Brien v. State,
55 Fla. 146,
47 So. 11 (1908). The trial court granted the defendant's amended sworn motion to dismiss, which therefore reduced the offense charged from armed burglary to burglary. Section
810.02(2)(b), Florida Statutes (1979) converts a simple burglary into an armed burglary by the following terms: Is armed, or arms himself within such structure, with explosives or a dangerous weapon. In the same language, Section
810.02(3), Florida Statutes (1979) authorizes an increased penalty where the burglar is armed....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1132952
...Accordingly, this matter must be remanded to the trial court in order that it reconsider the sentences imposed in accordance with Heggs. See Smith v. State,
761 So.2d 419 (Fla. 2d DCA 2000). Additionally, Harris's sentence for armed burglary in violation of section
810.02(2)(b), Florida Statutes (1995), was improperly enhanced to a life felony pursuant to section
775.087, Florida Statutes (1995)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2842, 2009 WL 873549
...garding the extent of his or her sentencing discretion when imposing the original sentence). We affirm the conviction without comment. CONVICTION AFFIRMED; SENTENCE REVERSED; REMANDED FOR RESENTENCING. GRIFFIN and EVANDER, JJ., concur. NOTES [1] See § 810.02(2)(a), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 WL 212785
...alm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellee. STEVENSON, J. Carmalin Davis was charged with burglary of a conveyance pursuant to section 810.02(1), Florida Statutes (1997), after police observed him running a few blocks from a parking lot where a sports utility vehicle had been reported burglarized....
...e has been committed by someone, not necessarily the defendant. See Stone v. State,
378 So.2d 765 (Fla.1979). The elements of burglary of a conveyance are: 1) unauthorized entry into a conveyance, 2) with the intent to commit an offense therein. See §
810.02, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 50117
...State,
358 So.2d 217 (Fla. 4th DCA 1978), we held that the "curtilage" applied to commercial structures as well as that of a dwelling place. A person is guilty of burglary by entering or remaining in a structure which by definition includes its curtilage. §
810.011(1) and §
810.02(1), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 861
...ed on invalid as well as valid reasons. Albritton v. State,
476 So.2d 158 (Fla. 1985). Accordingly, we vacate the sentence and remand for resentencing. AFFIRM; VACATE SENTENCE AND REMAND FOR RESENTENCING. DAUKSCH and UPCHURCH, JJ., concur. NOTES [1] §
810.02(2), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 14252, 2009 WL 3046715
...air conditioner because neither involved an entry into the house, an attached porch, or the curtilage. To prove a burglary of a dwelling, the State needs to prove that a defendant entered a dwelling with the intent to commit an offense therein. See § 810.02, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 1360874
...entencing. If the state attorney seeks prison releasee reoffender sentencing, despite a plea for leniency by the victim, the court has no discretion and must impose the mandatory sentence. Cotton. AFFIRMED. GRIFFIN and SAWAYA, JJ., concur. NOTES [1] § 810.02, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467042
...rounded in an assault committed during the burglary and the other in carrying a deadly weapon. We agree with this assertion and reverse Hawkins' conviction on one charge of burglary because the two counts constituted the same statutory offense under section 810.02, Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2002 WL 31422645
...The victim was remodeling his home by making it larger. At the time of the crime the addition, which was separated from the home in which the victim was living by a temporary wall containing no access, had walls and a roof, but no door or windows. A dwelling, for purposes of our burglary statute, section
810.02, Florida Statutes (2002) is defined in section
810.011(2) as follows: "Dwelling" means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobil...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22455284
...s from Clark's home on February 8, shots were heard and Clark and Felder were found dead inside Clark's home. Burnes was charged with burglary then defined as "entering or remaining in a dwelling ... with the intent to commit an offense therein...." § 810.02(1), Fla....
...intent (February 1, 2000). The Fitzpatrick court nonetheless applied Delgado to reverse Fitzpatrick's conviction and sentence. As Justice Wells' dissent in Fitzpatrick makes crystal clear, burglaries "committed" before the July 1, 2001 amendment to section 810.02 (which expressly defined burglary as both surreptitiously *80 remaining in and remaining in with the intent to commit an offense after permission to remain has been withdrawn), but not adjudicated to finality ("meaning affirmed on direct appeal") [3] before Delgado, must satisfy Delgado: ......
...ch the Legislature has stated was as the Legislature intended. See §
810.015, Fla. Stat. (2001). Those sentences are also being served in conformity with the present application of the burglary statute for offenses committed after July 1, 2001. See §
810.02(1)(b), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...He notes the court reached that result sua sponte in Wicker v. State,
445 So.2d 581 (Fla. 2d DCA 1983), and claims that the cases are identical. To convict a person of first-degree burglary, the state must prove not only the essential elements of burglary, as defined *585 in section
810.02(1), but also that in the course of committing the burglary, the defendant either made an assault upon a person or was armed or armed himself within the structure with explosives or a dangerous weapon....
...with the intent to commit an offense therein, to-wit: theft and/or involuntary sexual battery and/or robbery, and in the course of committing the said burglary the said GEORGE WICKER, JR. did make an assault upon ... the said structure not at the time open to the public; contrary to Chapter 810.02(2), Florida Statutes, and against the peace and dignity of the State of Florida....
...attery, and during the course thereof make an assault upon ... by threatening her with bodily harm and during the course thereof did carry a deadly weapon, to-wit: a firearm, and said structure at the time not open to the public; contrary to Chapter 810.02, Florida Statutes, and against the peace and dignity of the State of Florida.
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3040274
...don: arson in the second degree, section
806.01(2), a second-degree felony (count one); criminal mischief to a place of worship resulting in damage greater than $200, section
806.13(2), a third-degree felony (count two); and burglary of a structure, section
810.02(4)(a), a third-degree felony (count three)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 31322534
...In McAllister, the appellant was convicted of burglary of a conveyance with an assault or battery and robbery. In finding no double jeopardy problem with the two convictions, this court wrote: Burglary requires the entering or remaining in a conveyance with the intent to commit an offense therein. § 810.02(1), Fla....
...We find no merit in this issue, and further note that if there was error in the trial court's discretionary ruling on this matter, there was no reasonable possibility that the error contributed to the jury's verdict. State v. DiGuilio,
491 So.2d 1129, 1135 (Fla. 1986). [2] §
812.133(1), Fla. Stat. (2000). [3] §
810.02(1), Fla....
...See McAllister, above, in which the court ruled the offense of burglary is a subsumed offense of home invasion robbery. [1] Blockburger v. United States,
284 U.S. 299,
52 S.Ct. 180,
76 L.Ed. 306 (1932). [2] §§
812.133(1) and (2)(b);
775.087(1), Fla. Stat. [3] §
810.02(1) and (2)(a) Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 93535
...The issue here concerns proper judicial interpretation of the revised burglary statute, whereby the Florida Legislature consolidated the statutes relating to burglary of structures and burglary of conveyances, thereby improvidently mixing apples and oranges and emerging with the current version of section 810.02(1), which provides: (1) "Burglary" means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...e broad. "Burglary" is defined as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." Section 810.02(1), Fla....
...statute. II. PROPER VENUE FOR BURGLARY OF A MOVING VEHICLE As presented to us by the parties, the venue issue on appeal constitutes a case of first impression in Florida regarding the proper interpretation of the new, consolidated burglary statute, section
810.02(1), and whether the expanded definition of burglary therein makes applicable the venue provision of section
910.05. Section
810.02(1) defines burglary as "entering or remaining in ......
...f facts: unlawful entry or unlawfully remaining in a structure or conveyance. The time for each could theoretically be different. In the case of a moving object, the places could also be different. Stephens argues that the "remaining in" language of section 810.02(1) does not apply in this case because he unlawfully entered the car....
...In all other regards, our en banc opinion stands as previously issued. GOSHORN, C.J., and DAUKSCH, COBB, W. SHARP, COWART, HARRIS, PETERSON, GRIFFIN and DIAMANTIS, JJ., concur. NOTES [1] State v. Hankins,
376 So.2d 285, 286 (Fla. 5th DCA 1979). [1] Section
810.02(1), Fla....
...the juvenile entered or remained in the conveyance with the intent to commit an offense therein, namely the theft of the automobile. G.D. v. State,
557 So.2d 123 (Fla. 3d DCA 1990). [3] Sections 817.014(1) and 817.014(2)(c)4, Fla. Stat. (1987). [4] Section
810.02(1), Fla....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 25434, 2006 WL 2884040
...U.S. at 599,
110 S. Ct. at 2158.
At the relevant times, Florida law defined third-degree felony burglary as an
unprivileged entry into an unoccupied structure or an unoccupied conveyance with
intent to commit an offense therein. Fla. Stat. §
810.02....
CopyCited 2 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 433, 1996 Fla. LEXIS 1716
explosives while committing the felony of burglary. See §
810.02(2), Fla. Stat. (1991). Thus, while the “carrying
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4790944
...Although the trial judge expressed disbelief, the evidence does not refute the possibility that M.E.R. entered the apartment, waited a short while for his former girlfriend to return, and then left, taking nothing other than his own shirt. The State had the burden under section 810.02(1)(b), Florida Statutes (2007), to prove beyond a reasonable doubt that M.E.R....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...ere it is not necessary to allege with particularity the elements of the underlying felony relied on in order to charge first degree felony murder. It seems to us illogical to require specific pleading of all the elements of an enhancing crime under section 810.02(2), Florida Statutes (1981), and not require it as to an underlying offense necessary to the primary offense charged, such as the felony in felony murder....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 19055, 2011 WL 5965803
...(She died trying to shield her two younger cousins from the bullets.) The shooting was in retaliation for an earlier altercation between one of Appellant's brothers and a resident of the house. Appellant seeks reversal of his convictions for the following reasons. First, he asserts that section 810.02, Florida Statutes (2007), the burglary statute, is vague and unconstitutional as applied to him because it does not define the term "curtilage," and the jury did not understand the meaning of the term....
...ted burglary where the yard of the dwelling at issue was not fully enclosed. We disagree. One commits burglary in Florida by "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein. . . ." *385 § 810.02(1), Fla.Stat....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 17699, 35 Fla. L. Weekly Fed. D 2562
...rse. All other judgments and sentences are affirmed. The burglary count filed against the defendant alleged that he and a co-defendant remained in a dwelling with the intent to commit or intent to attempt to commit a forcible felony, in violation of section 810.02(1)(b)2.c. of the Florida Statutes (2007). Section 810.02(1)(b)2.c. of the Florida Statutes states: 810.02 Burglary * * * [1](b) For offenses committed after July 1, 2001, "burglary" means: 2....
...The defendants robbed the victims of a small amount of money and then fled the scene. At the close of the State's case, the defendant moved for judgment of acquittal on the burglary count, arguing that the State failed to prove a licensed or invited entry as required under section 810.02(1)(b)2.c....
...ctims. The defendant contends that the statutory language "[n]othwithstanding a licensed or invited entry", required the State to prove that the defendant entered the premises with the consent of the occupants. We conclude that the plain language of section 810.02(1)(b)2.c., the legislative intent behind the enactment of the 2001 amendment to section 810.02, the case law following the 2001 legislative amendment, and the standard jury instruction for a remaining *924 in burglary charge support the defendant's argument. First, the plain language of the section 810.02(1)(b)2.c....
...that an individual commits a remaining in burglary when, despite a licensed or invited entry, he/she remains in a dwelling to commit or attempt to commit a forcible felony. Second, the legislative intent behind the enactment of the 2001 amendment to section 810.02 indicates that a licensed or invited entry is an element of a remaining in burglary. In that regard, section 810.02 was amended by the legislature in 2001 following the Supreme Court's ruling in Delgado v....
...Ray argued on appeal that, among other things, the trial court erred by giving a remaining in instruction on his burglary charge. The Fourth District held that the instruction was given in error, as the trial court should have only given the first portion of the amended instruction pertaining to section 810.02(b)(1)(stating that burglary is defined as "[e]ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter")....
...itious remaining and the defendant could only be convicted if he intended to commit theft or robbery when he entered the structure). Lastly, the standard jury instruction for a remaining in burglary is instructive and consistent with the language of section 810.02(1)(b)2.c....
...er the premise occupied by the victims, the defendant's judgment and sentence for burglary must be reversed and this case remanded so that they can be vacated by the trial court. REVERSED and REMANDED. SAWAYA and ORFINGER, JJ., concur. NOTES [1] See § 810.02(1)(b)2.c., Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22715683
...the defense suggested. Accordingly, we reject this claim as a basis for reversal. Johnson's second claim of reversible error also rests on a point not objected to below. Johnson was charged with armed burglary with an assault or battery under former section 810.02, Florida Statutes (2000)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 136139
...Public Defender, for appellant. Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee. Before HUBBART, NESBITT and JORGENSON, JJ. PER CURIAM. J.O., a juvenile, appeals an adjudication of delinquency predicated on burglary, § 810.02, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16857, 2009 WL 3784584
...e battery count, with credit for time served. West asserts that his convictions for burglary with a battery and battery violate double jeopardy. We agree. The courts have consistently held that convictions for burglary with a battery in violation of section
810.02(2)(a), Florida Statutes (2006), and battery in violation of section
784.03(1)(a), Florida Statutes (2006), violate double jeopardy....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
The judgment and order of revocation cites to section
810.02(4), Florida Statutes (2018). That subsection
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1988 WL 40528
...State,
414 So.2d 7 (Fla. 3d DCA 1982) (prosecutor may not insinuate impeaching facts, proof of which is nonexistent). Two of King's remaining points on appeal have merit. The jury convicted King of burglary of an occupied dwelling, a second-degree felony. §
810.02(3), Fla....
CopyCited 2 times | Published | District Court of Appeal of Florida
information with burglary with a battery under section
810.02(2)(a), Florida Statutes (2013). The case then
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 360164
...Accordingly, we reverse the departure sentences and remand for imposition of a guidelines sentence in accordance with the plea bargain. AFFIRMED in part; REVERSED in part and REMANDED. THOMPSON, J., concurs. DAUKSCH, J., dissents without opinion. NOTES [1] § 810.02, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7324, 2010 WL 2106590
...Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or c. To commit or attempt to commit a forcible felony, as defined in s.
776.08. §
810.02, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 235983
...Burglary is defined as "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 152379
...89-3257-CF, appellant was convicted of three counts of sexual battery by use of, or threats to use, a deadly weapon or by actual use of physical force likely to cause serious personal injury, in violation of section
794.011(3), Florida Statutes (1987); armed burglary, with an assault, in violation of section
810.02(2)(a) and (b), Florida Statutes (1987); and kidnapping, in violation of section
787.01(2), Florida Statutes (1987)....
...here is no authority for the imposition of consecutive sentences. Burglary during which an assault is committed, or while armed with a deadly weapon, is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. § 810.02(2)(a) & (b), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 WL 95299
...Accordingly, since the defendant did not object at sentencing that the trial court failed to enter a written order, this claim of error has not been preserved for appellate review. [5] AFFIRMED in part, REVERSED in part, REMANDED. DAUKSCH and W. SHARP, JJ., concur. NOTES [1] § 810.02(2)(a), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 125894
...CONVICTIONS AFFIRMED; REMANDED FOR CORRECTION OF SENTENCE. W. SHARP, J., concurs. DAUKSCH, J., concurs specially, with opinion. DAUKSCH, Judge, concurring specially. In my opinion the trial court properly admitted into evidence the Williams rule testimony. NOTES [1] § 810.02(2)(a), Fla.Stat.(1995)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...Bart Billbrough, Asst. Atty. Gen., for appellee. Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ. NESBITT, Judge. In a petition for delinquency, the juvenile was charged with theft, in violation of section
812.014, Florida Statutes (1981) and burglary, in violation of section
810.02, Florida Statutes (1981)....
...n the time of the two illegal entries. As to the burglary count, the information charged as follows: This child ... did unlawfully enter or remain in a certain structure ... with the intent to commit an offense therein, to wit: THEFT in violation of 810.02, Florida Statutes (emphasis supplied) L.S....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...As to the burglary charge, the state clearly established that the defendant entered his father-in-law's house without the consent of said father-in-law for the purpose of assaulting his wife who temporarily resided therein. Such an act without question constitutes a burglary within the meaning of Section 810.02, Florida Statutes (1975)....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 13206, 2010 WL 2557751
...tances exist as
enumerated in [Fla. Stat.] section
921.141(5), and there are insufficient mitigating
offense therein, unless the premises are at the time open to the public or the defendant is licensed
or invited to enter or remain.” Fla. Stat. §
810.02(1)(a).
6
circumstances to outweigh the aggravating circumstances....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 WL 1393536
...Gonzalez was subsequently found guilty of attempted second-degree murder of Mabel Martinez (Count I), guilty of aggravated battery of James Hurley (Count II), and "guilty as charged in the information of the offense of: burglary with intent to assault occupant, in violation of f.s. 810.02" (Count III)....
...We do, however, agree with Gonzalez' argument that the trial court erred in imposing a life sentence on Count III for "burglary with assault." The jury verdict form found Gonzalez: "[g]uilty as charged in the information of the offense of: burglary with intent to assault occupant, in violation of F.S. 810.02." Both the United States Supreme Court and the Florida Supreme Court require specific jury findings of any fact that increases the penalty for a crime beyond its prescribed statutory maximum....
...r became "armed" with explosives or a dangerous weapon, or that an "assault" occurred during the course of the burglary are aggravating circumstances that increase the penalty beyond the statutory maximum sentence prescribed for simple burglary. See § 810.02, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...Rosenthal, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen., and Diane Zimmer Leeds, Asst. Atty. Gen., for appellee. Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ. NESBITT, Judge. The defendant appeals his adjudication of burglary pursuant to Section 810.02, Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 1301479
...Thereafter Clary may enter a new plea pursuant to a newly negotiated plea agreement with the state, or proceed to trial on any counts deemed appropriate by the state, since it would then not be bound by any prior plea bargain. REVERSED and REMANDED for further proceedings. PALMER and ORFINGER, R.B., JJ., concur. NOTES [1] § 810.02(1) & (3), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 584194
...n cash. [3] We reverse and remand on the matter of the amount of the stolen cash and instruct the trial court to have another hearing as to this issue. *1118 REVERSED IN PART, AFFIRMED IN PART, AND REMANDED. HARRIS and PALMER, JJ., concur. NOTES [1] § 810.02(3)(b), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 72516
...lony, two counts of battery on a law enforcement officer, and two counts of resisting an officer with violence, as well as two counts of carrying a concealed firearm. He appealed, contending that the trial court erred in enhancing his sentence under Section 810.02(2)(a) for the two counts of battery on a law enforcement officer....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 461947
...Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellee. PER CURIAM. The State of Florida appeals the 30 year sentence imposed upon Jackie Ray Maples for, among other crimes, burglary with an assault or battery. § 810.02(2), Fla....
...97-239, Preamble, at 2795-96, Laws of Fla. The penalty prescribed for burglary is a term of years not exceeding life imprisonment, and in order to comply with the Act, the trial court was required to impose the most severe penalty allowable, to wit: life imprisonment. §§
810.02(2),
775.082(8)(a)2.a., Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 363
...sentencing? On the authority of State v. Brumley,
471 So.2d 1282 (Fla. 1985), we answer the certified question in the negative and approve the decision of the district court. Respondent was charged with and convicted of burglary of a structure under section
810.02(3), Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 1723744
...section
943.325, Florida Statutes (2000), which provides in pertinent part: (1)(a) Any person who is convicted or was previously convicted in this state for any offense or attempted offense defined in chapter 794, chapter 800, s.
782.04, s.
784.045, s.
810.02, s....
...specimens of blood to a Department of Law Enforcement designated testing facility as directed by the department. §
943.325(1)(a)1., 2., Fla. Stat. (2000) (emphasis supplied). The burglary charge falls within the definition of offenses addressed in section
810.02 of the Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 1751, 1988 Fla. App. LEXIS 3332
committed burglary of a conveyance in violation of section
810.02(3), Florida Statutes (1985), and the other
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1993 WL 242576
...defendant's adjudication for delinquency was affirmed and the order of commitment was amended to reflect the finding that the juvenile had committed the offense of trespass). AFFIRM as modified. W. SHARP, GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 810.02, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1992 WL 10895
...orrected to reflect the convicted offense. We affirm, but remand the cause for correction of the written sentencing document. An information charged that on November 6, 1990, appellant committed the offense of burglary of a structure, a violation of section 810.02, Florida Statutes (1989)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2002 WL 53447
...4th DCA 1990): *556 A conviction for the crime of burglary requires proof of three essential elements: (1) knowing entry into a structure; (2) knowledge that such entry is without permission; and (3) criminal intent to commit an offense within such structure. § 810.02, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2000 WL 27555
...The defense next contends that his burglary conviction should be reversed because Elite was open to the public. We agree. Burglary involves the intent to commit an offense in a structure "unless the premises are at the time open to the public." Fla. Stat. § 810.02(1) (1993)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1992 WL 21077
...Contrary to his contention, the several offenses of which Garcia was convicted did not contain identical elements. The state charged him with armed burglary with intent to commit an assault, not with intent to commit a battery, as it was authorized to do by section 810.02, Florida Statutes (1989)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2000 WL 121288
...Cutler, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and LEVY, and FLETCHER, JJ. FLETCHER, Judge. Martin Stenson appeals from a conviction and sentence of one count of burglary of an occupied dwelling with an assault therein, in violation of section
810.02, Florida Statutes (1997), and one count of simple battery, in violation of section
784.03, Florida Statutes (1997). Although appellant raises a number of issues on appeal, we write to address only onewhether there was sufficient evidence of a burglary. A burglary is defined in section
810.02(1) as "entering or remaining in a dwelling......
...I was a member of the Ray panel and I still share its uneasiness with this apparently draconian result, see Ray,
522 So.2d at 967, citing 2 W. LaFave & A. Scott, Substantive Criminal Law § 8.13, at 468 (1986), but I also still agree that it is required by the Florida burglary statute, section
810.02(1), Florida Statutes (1997)....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 692152
...§
784.07; (2) robbery, in violation of Fla. Stat. §
3
Case: 11-15407 Date Filed: 02/27/2013 Page: 4 of 14
812.13; and (3) burglary of a structure, in violation of Fla. Stat. §
810.02....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 492
...dered a recalculated point total of ninetytwo points. The court then sentenced appellant to four and one-half years imprisonment. Armed burglary is a first-degree felony punishable by imprisonment for a term of years not exceeding life imprisonment. § 810.02(2)(b), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...Eggers, Tampa, for appellee. CAMPBELL, Judge. The appellant, State of Florida, by information, charged the appellee, Daniel Patrick Graney, the defendant below, with unlawfully entering a structure with intent to commit theft therein in violation of Section 810.02, Florida Statutes (1977)....
...open to the public or that the appellee was licensed or invited to enter. Since the appellee's motion to dismiss does not demonstrate that the undisputed facts fail to establish a prima facie case by bringing him within the exclusionary language of Section 810.02, Florida Statutes (1977), and a mere implied supposition is not sufficient to require the state to traverse or demur, the motion to dismiss should have been denied....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2001 WL 121099
...Affirmed in part, reversed in part, and remanded for resentencing. NOTES [1] Sexual battery with a deadly weapon is a life felony. §
794.011(3), Fla. Stat. (1995). As to burglary, defendant was convicted of burglary of an occupied dwelling with an assault or battery, in violation of section
810.02(2)(a), Florida Statutes (1995), which is a first degree felony punishable by life imprisonment....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1987 WL 2289
...Here, appellant was certainly an active participant in the burglary. Appellant's additional argument is that since there is no evidence that the bullets recovered in a search of his apartment fit the stolen gun, which was never recovered, he cannot be convicted of enhanced burglary under section 810.02(2)(b), Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 31728738
...of acquittal because the state failed to establish that he entered the dwellings of Lyda and Vongthirath with the fully formed intent to commit an assault or battery. To prove burglary, one must prove the intent to commit an underlying offense. See § 810.02(1)(a), Fla....
...t is necessary for the jury to find that the defendant entered the premises to commit an offense therein. See Puskac v. State,
735 So.2d 522 (Fla. 4th DCA 1999). Also, Ellis v. State,
425 So.2d 201 (Fla. 5th DCA 1983) provides: The burglary statute (§
810.02, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 1867572
...The Florida State Prison has no greater expertise than this court in deciphering Carthane's argument, which is based solely upon his interpretation of statutes and rules. Because his arguments are meritless, we affirm. Carthane was convicted of burglary of a conveyance with a battery in 1990, a life felony under section 810.02(2), Florida Statutes (1989)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...examination. Both were valid objections. Since Harrass II's abilities were the key to Dedge's identification, the error is not harmless. We reverse and remand this case for a new trial. REVERSED AND REMANDED. DAUKSCH and COBB, JJ., concur. NOTES [1] § 810.02(2)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...First, each burglary charge included *873 an allegation that during the course of the burglary appellant made an assault upon a person (Muller and King respectively). This allegation, if proven, would have rendered each offense a first-degree felony under Section 810.02(2)(a), Florida Statutes (1977)....
...City of Gulfport,
103 So.2d 115 (Fla. 1958); State v. Hart,
253 So.2d 150 (Fla.1st DCA 1971). A more difficult problem arises as to whether appellant may be retried for second -degree felony burglary. Burglary is a second-degree felony if the structure entered was a dwelling, §
810.02(3), Fla....
...en proven, the verdicts contained no mention of a dwelling. On the other hand, the trial judge erroneously refused to instruct the jury on the lesser-included offense of "simple" burglary (burglary of a structure other than a dwelling) as defined in Section 810.02(3) and such an instruction should be given on retrial, see Huff v....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 68
...Appellant, Arthur Lee Henry, challenges the sentences imposed upon him after the trial court found him guilty of violating the terms and conditions of his probation. We reverse and remand for resentencing. Appellant was originally placed on probation after pleading guilty to burglary in violation of section
810.02(3), Florida Statutes (1983) and grand theft in violation of section
812.014(2)(b)(1), Florida Statutes (1983)....
CopyCited 2 times | Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2593, 1984 Fla. App. LEXIS 16150
he was guilty of burglary, in violation of section
810.02, Florida Statutes (1983).1 The evidence at
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 16624
...2
concurrently filed an application for adjustment of status. In January 1998, he
became a lawful permanent resident. In June 2002, Quinchia pleaded no contest to
a charge of burglary of a structure in violation of F.S.A. § 810.02(3) in Broward
County, Florida....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1994 WL 406603
...rst degree felony, when it is (in fact) a second degree felony. We remand for the sole purpose of correcting the scrivener's error. Mosco need not be present. AFFIRM; REMAND to correct scrivener's error. PETERSON and THOMPSON, JJ., concur. NOTES [1] § 810.02(3), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 988029
...[1] Appellant was convicted in Oklahoma of burglary in the second degree. [2] Following a conviction in Florida for numerous offenses, the trial court, in imposing sentence, scored the Oklahoma conviction as burglary of an occupied dwelling, a second degree felony. See § 810.02, Fla....
...a prior offense must be resolved in the defendant's favor. See Fla. R.Crim. P. 3.703(d)(15)(D); Dautel,
658 So.2d at 90. The elements of an Oklahoma burglary in the second degree could be comparable to a second or third degree felony in Florida. See §
810.02(3), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2001 WL 984863
...II. Defendant contends that his conviction on count one was for a life felony, which could not be habitualized. We disagree. Count one was burglary of an occupied structure with a firearm and an assault or battery. Defendant was charged solely under section 810.02, Florida Statutes (1989). Under that statute, the offense is a first degree felony punishable by life imprisonment. Id. § 810.02(2). [1] Defendant points out that in the plea colloquy the prosecutor stated that this count was a life felony. The prosecutor was in error. The sole charge in this case was under section 810.02, which is a first degree felony punishable by life imprisonment....
...As already stated, the trial court entered adjudications of guilt. Affirmed in part, reversed in part, and remanded for resentencing on count five. NOTES [1] The result is otherwise if the state chooses to charge the defendant with burglary with an assault or battery under paragraph
810.02(2)(a), Florida Statutes, and charges that in committing the offense, the defendant used a firearm in violation of subsection
775.087(1)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant. Jack O. Johnson, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, and Daphne W. Boswell, Legal Intern, Bartow, for appellee. PER CURIAM. Section 810.02, Florida Statutes (1977), defines burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein ....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...nter or remain in a structure, to wit: the mobile home, the property of (the victim) with intent to commit therein an offense, in that the entry of the structure was gained stealthily and without consent of said (victim), contrary to Florida Statute 810.02." The trial court granted appellee's motion to dismiss the information on the ground that it failed to charge a specific offense as a part of the charge of burglary and, as such, was fatally defective. Thus, the question presented by this appeal is whether the allegations of the information were sufficient to allege a violation of the burglary statute, section 810.02(3), Florida Statutes....
...In view of this implicit conflict as to the necessity in a burglary prosecution for the State to allege and prove an intent to commit a specific offense, we hereby certify to the Florida Supreme Court the following question of great public importance: [1] In a prosecution for burglary under section 810.02, Florida Statutes (1981), is it necessary for the State to allege an intent to commit a specific offense? The trial court's order dismissing this information is AFFIRMED....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 606475
...That clearly allows multiple assessment of points for sexual penetration of one victim, if more than one offense involving penetration is before the court for sentencing. AFFIRMED. DAUKSCH and PETERSON, JJ., concur. NOTES [1] §
794.011(3), Fla. Stat. (1997). [2] §
810.02(2)(b), Fla. Stat. (1997). [3] §
810.02(3), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...*469 We agree with Gaynor, however, that each of the nine reasons, set forth below, is an invalid reason for departure: 1. Both dwellings were occupied by entire families, including young children, who were asleep at the time of the burglaries. The appellant was charged with second degree burglary of a dwelling pursuant to section 810.02(3), Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 252656
...Accordingly, we must vacate the adjudication and disposition entered in this case and remand this matter to the trial court for further proceedings consistent with this opinion. VACATED and REMANDED. GRIFFIN, C.J., and W. SHARP, J., concur. NOTES [1] § 810.02(3), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 37371
...Zayas, Asst. Atty. Gen., for appellee. Before BARKDULL, COPE and GODERICH, JJ. PER CURIAM. D.B. appeals an adjudication of delinquency for burglary, grand theft, and criminal mischief. We affirm in part and reverse in part. D.B. was charged with violating Section 810.02, Florida Statutes (1987), which provides, in part: `Burglary' means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1808501
...ins. He was also convicted of three counts of attempted first-degree felony murder for the attempts on the lives of Richard Kirkendall, Kenny Kirkendall, and Robert Kirkendall. He was also convicted of one count of armed burglary of a dwelling under section
810.02, Florida Statutes (2005), and two counts of attempted armed robbery under section
812.135, Florida Statutes (2005) (the home-invasion robbery statute), for attempts to take money from Richard Kirkendall and Kenny Kirkendall....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2012 WL 1192035
commit a forcible felony, as defined in s.
776.08. §
810.02(l)(b)l.-2., Fla. Stat. (2008) (emphasis added)
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 453
...Although the appellant's unauthorized and unexplained presence in the area of the pharmacy no *498 doubt raises suspicion, we do not believe it to be legally sufficient for a jury to infer that Brown "enter[ed] or remain[ed] in a structure or a conveyance with the intent to commit an offense therein." Section 810.02(1), Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 735099
...We also strike condition 10, but remand to allow the trial court to reimpose the condition that requires a monthly payment to First Step, Inc., if it is deemed appropriate. AFFIRMED IN PART; REVERSED IN PART; REMANDED. SAWAYA, C.J., and THOMPSON, J., concur. NOTES [1] See § 810.02(3)(c), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 13764, 2015 WL 5438776
...NUMBERS
1 KIDNAPPING WITH A FIREARM
787.01 &
775.087 LIFE
2 ROBBERY WITHOUT A FIREARM
812.13 2F
3 BURGLARY WITH A FIREARM
810.02 &
775.087 1F
5 SEXUAL BATTERY WITH A DEADLY
794.011 (3) LIFE
WEAPON
775.087
Jackson was sentenced on count I for kidnapping with a firearm to a “term
o...
...by defense counsel, the life sentences imposed for armed burglary, armed sexual
battery, and armed kidnapping are all lawful sentences without reclassification or
enhancement.
Armed burglary is a first degree felony punishable by life imprisonment, §
810.02(2)(b), Fla....
...e offenses1. See also State v.
Retalic,
902 So. 2d 315, 316 (Fla. 5th DCA 2005) (affirming conviction for armed
burglary on a principal theory because armed burglary is “not dependent upon
proof of . . . actual possession of . . . [a] gun.”); §
810.02(2)(b), Fla....
...4.011(3), Fla. Stat. (1983)
(providing that a person “who commits sexual battery upon a person over the age
1See Harris v. State,
766 So. 2d 403, 404 (Fla. 2d DCA 2000) (holding that the
defendant’s sentence for armed burglary in violation of section
810.02(2)(b) was
improperly enhanced pursuant to section
775.087 because the “use of a weapon or
a firearm is an essential element of armed burglary”); §
775.087(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1048638
...The State likely chose to charge Parker with burglary of a dwelling, without specifying whether the dwelling was occupied or unoccupied, because either would have been at least a second-degree felony without regard to the occupancy of the dwelling at the time of the burglary. § 810.02(3)(a), (b), Fla....
...v. Huggins, 26 Fla. L. Weekly S174, ___ So.2d ___,
2001 WL 278107 (Fla. Mar. 22, 2001), because neither the State nor the trial court would have appreciated the need for a special verdict form to resolve this factual issue which was immaterial under section
810.02(3), Florida Statutes (1997).
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16124, 2009 WL 3486007
...We, accordingly, grant the petition for writ of habeas corpus and direct the trial court to hold a bond hearing at which it shall afford the petitioner an opportunity to present witnesses with regard to bond. PETITION GRANTED and REMANDED WITH INSTRUCTIONS. MONACO, C.J., PALMER and EVANDER, JJ., concur. NOTES [1] § 810.02(2)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1580375
...State,
745 So.2d 519 (Fla. 2d DCA 1999), review granted,
761 So.2d 329 (Fla. 2000). King argues that the evidence was insufficient to prove armed burglary because he was armed with a piece of a broken crossbow that was not a "dangerous weapon" as that term is used in section
810.02(2)(b), Florida Statutes (1997)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2017 WL 4557829
count of burglary of a dwelling in violation of section
810.02(3)(a). The written judgment improperly identifies
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 817835
...He argues that he could not commit a burglary when the 7-Eleven is open to the public twenty-four hours a day, seven days a week, and that the evidence was insufficient to infer that the employees withdrew their consent for him to be on the premises. Section 810.02(1), Florida Statutes (1997), defines "burglary" as "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant...
...remises are open to the public. Otherwise, every time a person entered a structure that was open to the public with the intent to commit a crime, the person would have committed a burglary a result directly in conflict with the express language of section 810.02(1)."); Ray, 522 So.2d....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...ed sentencing guidelines for eleven counts of uttering a forged instrument contrary to section
831.02, Florida Statutes (1983), four counts of grand theft contrary to section
812.014, Florida Statutes (1983), and three counts of burglary contrary to section
810.02(3), Florida Statutes (1983)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1990 WL 170572
...Even if we were to decide that the insertion of an ATM card into a teller machine was an entry into the bank, still the crime of burglary has not occurred. Our statute provides that no burglary occurs if "the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." § 810.02, Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida
dangerous weapon.’” (alteration in original) (quoting §
810.02(2)(b), Fla. Stat. (1993))). The offense necessitates
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 777451
...Accordingly, we reject these claims of sentencing error as waived. See §
924.051(1)(b), Fla. Stat. (Supp.1996). Having found no merit to any of the claims of reversible error raised by Mr. Adside in this appeal, we affirm his convictions and sentences. AFFIRMED. DAUKSCH and HARRIS, JJ., concur. NOTES [1] §
810.02, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 31662638
...We affirm as to the other grounds of appellant's motion without discussion. In his initial brief, appellant argues that he should not have received a habitual sentence for count II, burglary with an assault or battery, as it is a first degree felony punishable by life, see § 810.02(2)(a), Fla....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 6832926
intent to commit an offense ■■ therein.” Fla. Stat. §
810.02(l)(b)(l). Another part of the statute defines
CopyCited 1 times | Published | District Court of Appeal of Florida
actions were “contrary to the provisions of section
810.02(3), Florida Statutes.” Id. This court held
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 5373440
purpose of committing an offense therein. See §
810.02, Fla. Stat. (2010). Burglary, of course, is a
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 17631, 2010 WL 4628691
...We remand for the limited purpose of correcting a scrivener's error which appears on the face of the judgment. The written judgment correctly reflects that Brinson was convicted of a second-degree felony, but it incorrectly identifies that felony as armed robbery, which is actually a first-degree felony. See § 810.02(2)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3330764
...'s no contest plea. G.C. allegedly entered the property of D.B. Construction and took an all-terrain vehicle called a "Gator cart." He was charged with grand theft of a motor vehicle, §
812.014(2)(c)(6), Fla. Stat. (2004); burglary of a conveyance, §
810.02(4)(b); and trespass on property other than a structure or conveyance, §
810.09(1)(a), (2)(a)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 1436828
...He asserts that the car was titled in both his name and his wife's name and that he could not be charged with burglarizing his own car. The trial court rejected this argument because "burglary" means "entering or remaining in a ... conveyance with the intent to commit an offense therein." See § 810.02(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1992 WL 92439
...nary portions of a split sentence may not exceed the term provided by general law. Roache v. State,
547 So.2d 706, 707 (Fla. 1st DCA 1989); Bono v. State,
553 So.2d 293, 294 (Fla. 1st DCA 1989). Burglary of a conveyance is a third degree felony, see §
810.02(3), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
The judgment and order of revocation cites to section
810.02(4), Florida Statutes (2018). That subsection
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1997 WL 280604
...s issue is not ripe for our review. We dismiss this point without prejudice to Young filing an appropriate motion in the trial court should he elect to do so. AFFIRMED in part, REVERSED in part, and REMANDED. WARNER and GROSS, JJ., concur. NOTES [1] Section 810.02 provides in pertinent part: 810.02 Burglary. (1) "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 6999
to commit an offense within the dwelling. See §
810.02(1)(b), Fla. Stat. (2003); D.R. v. State, 734 So
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 674852
...appropriate. In his second claim, Bean alleged that his sentence of fifty years as a habitual felony offender for burglary of a dwelling with assault or battery (in case no. 91-4784) while armed is illegal. Bean correctly alleged that a violation of section
810.02(2), Florida Statutes (1991) is a first degree felony, which the trial court was obliged to enhance to a life felony pursuant to section
775.087(1)(a) (use of a weapon), and that, at the time of the offense, life felonies were not subject to habitualization....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1993 WL 55931
...On remand it shall not be necessary to have the appellant present for resentencing. Convictions AFFIRMED; sentences AFFIRMED in part and VACATED in part; cause REMANDED with directions. DAUKSCH and PETERSON, JJ., concur. NOTES [1] §
794.011(3), Fla. Stat. (1989). [2] §
812.13(2)(a), Fla. Stat. (1989). [3] §
810.02(2), Fla....
...d burglary. [6] When the trial court ordered the state to elect between the charge of burglary with a battery (count 5) or the charge of armed burglary (count 6), the state elected to enter a nolle prosequi of the armed burglary charge brought under section 810.02(2), Florida Statutes (1989)....
CopyCited 1 times | Florida 1st District Court of Appeal
...Appellant
lacked consent to enter the house based, in part, on his forced
entry. We agree with the State.
II.
One way a person commits a burglary is by entering a
dwelling with the intent to commit an offense. § 810.02(1)(b), Fla.
Stat....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 172655
...the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.'" Hansman v. State,
679 So.2d 1216, 1217 (Fla. 4th DCA 1996) (emphasis in original) (quoting §
810.02(1), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida
018(1)(e). Section
435.04(2)(z) lists burglary in section
810.02, Florida Statutes, as a qualifying offense
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 3980
with the intent to commit an offense therein. §
810.02(l)(b)l., Fla. Stat. (2009). “Dwelling” is defined
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1999 WL 156396
...d proof of these elements: (1) the defendant entered or remained in a structure; (2) with the intent to commit an offense therein; and (3) the premises were not at the time open to the public, and the defendant had no license to enter or remain. See § 810.02(1), Fla....
...He had gloves and a diagram of the Tri-Star business on his person. If entry of the curtilage is disregarded, then the facts clearly amount to an attempted burglary. Under Florida law, an attempted burglary and a completed burglary of an unoccupied structure are both third-degree felonies. See §§
777.04(4)(e),
810.02(3), Fla....
...Indeed, the course of Florida jurisprudence regarding curtilage is a somewhat tortured one. See, e.g., Martinez v. State,
700 So.2d 142, 145 (Fla. 5th DCA 1997) (W. Sharp, J., dissenting); Greer v. State,
354 So.2d at 953-54 (Pearson, J., dissenting). [3] See §
810.02(1) and §
777.04(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 377013
...In accordance with appellant's argument and the state's concession, we reverse appellant's illegal sentences. Pursuant to a plea agreement, appellant was adjudicated guilty in Case Nos. 00-3083, 00-3084 and 00-3086 of three separate counts of third-degree felony burglary of a structure, in violation of section 810.02(4), Florida Statutes (2000)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 670
...alyzing the defendant's conduct and noting that it demonstrated a conscious pattern of lawlessness. Next, appellant correctly points out that he was convicted of burglary of an unoccupied motor vehicle, which is a third degree felony in violation of section 810.02(3), Florida Statutes (1983)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 1559722
...is shown. Franqui v. State,
804 So.2d 1185, 1195 (Fla.2001). Fencher has not shown any abuse of discretion. Accordingly, we AFFIRM Fencher's convictions and sentences. GRIFFIN and MONACO, JJ., concur. NOTES [1] §
794.011(4), Fla. Stat. (2004). [2] §
810.02(2)(a), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida
essential elements of burglary as defined in section
810.02(1), [Florida Statutes (1979),] but also that
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 726810
...s three different directions from the hallway. Appellant first challenges the sufficiency of the evidence to sustain his conviction for armed burglary. He argues that because the Cellular Concepts store was open to the public at the time he entered, section 810.02 of the Florida Statutes provides him a complete defense. Section 810.02 states: "`Burglary' means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public...." § 810.02(1), Fla....
...The stockroom door was closed but unlocked, and had two signs: "authorized personnel only" and "associates only." Id. The Third District held that "although the store itself was open to the public, the closed storeroom to which access was clearly restricted was not part of the premises open to the public, within the scope of section 810.02." Id....
...
737 So.2d at 557. The court concluded *1274 that because the appellant accessed the cash register from an area behind the counter after having been informed he was not permitted there, he entered an area which was not "open to the public" within the meaning of section
810.02....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1992 WL 123468
...In Hardee v. State,
516 So.2d 110 (Fla. 4th DCA 1987), approved,
534 So.2d 706 (Fla. 1988), the defendant challenged his conviction for burglary of a dwelling while armed, contending that only a loaded gun constitutes a dangerous weapon for application of section
810.02(2)(b)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 2008522
...with the intent to smoke cocaine inside, if his related statement that he did so with John Wilson's permission was allowed to be elicited on cross-examination, such evidence may have convinced the jury that appellant was not guilty of burglary. See § 810.02(1)(b)1., Fla....
CopyCited 1 times | Published | Supreme Court of Florida
upon any person ... with ... a dangerous weapon." §
810.02(1) - (2), Fla. Stat. An aggravated assault requires
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 49528
...Based on the facts of this case, the error was not fundamental and does not warrant reversal. In Florida, burglary of a dwelling is committed in two different ways: (1) by entering a dwelling without permission with an intent to commit an offense; or (2) by remaining in a dwelling with an intent to commit an offense. § 810.02(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1994 WL 3462
...r departure from the guidelines sentence." Id. at 932 (citing Florida Rules of Criminal Procedure,
509 So.2d 1088, 1089-90 (Fla. 1987)). NOTES [1] §
794.011(3), Fla. Stat. (1989), vaginal penetration in count I and anal penetration in count II. [2] §
810.02(2), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1988 WL 199
...nviction related to the purse-snatchings. [5] The sentences on the remaining offenses must then be recalculated under the guidelines. IT IS SO ORDERED. UPCHURCH, C.J., and ORFINGER, J., concur. NOTES [1] §
812.13(1) & (2)(c), Fla. Stat. (1985). [2] §
810.02, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10237
...ry marks on *360 it. The police found no one else at the scene. As to the armed burglary of a structure, this evidence tends to show that C.W. entered the school with the intent to commit an offense therein, and he had no permission to be there. See § 810.02(1), Fla.Stat....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1997 WL 34654
...ltered in any way. All that is required is to strike and remove the conviction and sentence for petit theft. REVERSED and REMANDED with directions. PETERSON, C.J., and GOSHORN, J., concur. NOTES [1] §
812.014(1)(a) and (2)(c), Fla.Stat. (1989). [2] §
810.02(1) and (3), Fla.Stat....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 1123, 2012 WL 254951
...Pamela Jo Bondi, Attorney General, Brooke Poland, Assistant Attorney General, Tallahassee, for Appellee. SWANSON, J. Harley Colbert appeals his judgment of conviction and sentence, arguing the trial court erred in denying his motion to dismiss the information charging him with burglary of a dwelling under section 810.02(3)(b), Florida Statutes (2010)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 28335
...State,
939 So.2d 1150 (Fla. 5th DCA 2006); Ho v. State,
929 So.2d 1155 (Fla. 5th DCA 2006); Nguyen v. State,
925 So.2d 435 (Fla. 5th DCA 2006). Petitioner is charged with a first degree felony punishable by a term of years not exceeding life imprisonment. See §
810.02(2)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 1191441
...The issue presented by this appeal is whether the removal of hubcaps and the lug nuts underneath, from the wheels of an automobile, can constitute burglary. Burglary includes "entering ... a conveyance with the intent to commit an offense therein." § 810.02(1), Fla....
...In that case, the defendant had removed only the hub caps, and the trial court dismissed the count for burglary of a conveyance. In affirming, the fifth district, after acknowledging that entering includes taking apart any portion of a conveyance, emphasized that there must also be an intent to commit an offense "therein." § 810.02(1)....
...ing that the entering must be into the passenger compartment. There is no distinction between entering the engine compartment, the passenger compartment, or the trunk as far as its being an "entering" as prohibited by the obvious wording of Sections
810.02(1) and
810.011(2), Florida Statutes (1977)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 397211
...e years in prison and a fine of up to $5,000 . . .? Do you understand that?" Defendant replied, "Yes sir." [3] Burglary of an occupied dwelling, without assault or battery, and without the offender being or becoming armed, is a second degree felony, § 810.02(3)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 470101
...The trial court denied the motion, defense counsel rested without calling any witnesses, and again moved for judgment of acquittal, which also was denied. The trial court found S.D. guilty of burglary and adjudicated him a delinquent. This appeal followed. Section 810.02(1)(b)1, Florida Statutes (2001), requires a showing that a person entered "a dwelling, a structure, or a conveyance with the intent to commit an offense therein" in order to convict that person of burglary for an act committed after July 1, 2001....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 89464
...ntry, that the State did not rebut his defense that he entered the garage to avoid the rain, and that the State relied on an improper theory of guilt. Appellant also argues that the State failed to prove that the garage was a structure as defined in section 810.02(1), Florida Statutes (1997)....
...common roof and three walls. The garage does not have a door. However, the absence of the door does not alter the reality that the garage, as depicted in State's Exhibit 1, is an integral part of the house, and is a "structure" within the meaning of section 810.02(1), Florida Statutes (1997)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 441485
...Therefore, Wilcox's hearsay testimony was not harmless and could have contributed to the jury convicting Andrews of burglary. Because this error was not harmless, we reverse and remand for a new trial on the charge of burglary. Affirmed in Part; Reversed in Part and Remanded. KLEIN and DAMOORGIAN, JJ., concur. NOTES [1] Section 810.02(1)(b)1, Florida Statutes (2005) states: Burglary. (b) For offenses committed after July 1, 2001, "burglary" means: 1....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 237735
...e an amended information, substituting the charge of burglary of a dwelling for attempted burglary of a dwelling. The following Monday morning, prior to jury selection, the state moved to amend the information to charge burglary of a dwelling, under section 810.02(3), Florida Statutes (2000)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 25 Fla. L. Weekly Fed. D 415
...At trial, Busby defended by arguing that he lacked the requisite criminal intent due to his insanity. The jury found Busby guilty as charged on all six counts of the information. On appeal, Busby first challenges his conviction for armed burglary of a structure. Section 810.02(1), Florida Statutes (1999), [1] defines burglary: "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain....
...Thus, these charges fell outside the Salters window period and appellant does not have standing to raise the single subject rule challenge. On this issue we certify conflict with the second district in Thompson. AFFIRMED. STONE and POLEN, JJ., concur. NOTES [1] Section 810.02(1), Florida Statutes (1999), contains identical language to section 810.02, Florida Statutes (Supp.1996)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 3330741
...To the extent Bradshaw is in conflict with Stabile and this opinion, we certify that a conflict exists. Motion for Rehearing, Clarification and Certification GRANTED. AFFIRMED. PETERSON and TORPY, JJ., concur. NOTES [1] §
775.082(9)(a)1., Fla. Stat. (2002). [2] §
810.02(2)(b), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
citation is section
810.02(2)(a), Florida Statutes (2015), and erroneously cites to section
810.02(2)(a) for
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...In April 1997,
his United States citizen wife filed an immediate relative visa petition and he
concurrently filed an application for adjustment of status. In January 1998, he
became a lawful permanent resident. In June 2002, Quinchia pleaded no contest to
a charge of burglary of a structure in violation of F.S.A. § 810.02(3) in Broward
County, Florida....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 19904, 2011 WL 6183473
...rida Rule of Criminal Procedure 3.800(a). For the reasons which follow, we vacate the sentence and remand for a new sentencing hearing. Santiago was charged with, and convicted of, burglary of a conveyance with an assault or battery, in violation of section 810.02(2)(a), Florida Statutes (1999)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1994 WL 697387
...1st DCA 1985), review denied,
488 So.2d 68 (Fla. 1986). Assuming, without deciding, that defendant's second issue is cognizable under Rule 3.800(a), the defendant's argument is without merit. The offense of burglary of a conveyance with an assault is a first degree felony punishable by life. §
810.02(2)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2636
...His sole contention on appeal is that the judgment and sentence form entered in this case must be corrected to show the exact degree of the crimes to which he pled nolo contendere. We agree. Appellant was charged by information with burglary in violation of section
810.02, Florida Statutes (1983), and grand theft in violation of section
812.014, Florida Statutes (1983)....
...Caston. Although the specific sections of the burglary and theft statute in question were not referred to in the information, the factual allegations contained therein indicated that appellant was charged with committing a burglary in violation of section
810.02(3), a second degree felony, and with committing grand theft in violation of section
812.014(2)(b)1, a third degree felony....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 11681, 2015 WL 4634519
...assault and battery. The information alleged that Turbi "did knowingly enter or remain in
a structure . . . while armed with a handgun, a dangerous weapon, or in the course of
committing the burglary made an assault or battery." The information referenced
section 810.02, Florida Statutes (2012), which provides:
(2) Burglary is a felony of the first degree, punishable by
imprisonment for a term of years not exceeding life
imprisonment or as provided in s....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 2402859
...On appeal, Reidy contends he should not have been convicted of burglary of an "occupied structure." [1] The Legislature has the authority to define crimes and to determine the range of punishment applicable to such crimes. See Sims v. State,
754 So.2d 657 (Fla.2000). Section
810.02(3), Florida Statutes (2004), provides: (3) Burglary is a felony of the second degree, punishable as provided in s....
...The language of the statute could not be more clear. It is undisputed that there was "another person" in the structure at the time Reidy entered; therefore, he was properly convicted of the second-degree felony. [2] AFFIRMED. PLEUS and LAWSON, JJ., concur. NOTES [1] § 810.02(3)(c), Fla....
...ng or burglary of an occupied structure." §
775.082(9)(a)(1.)(q), Fla. Stat. (2004). The words "occupy" "occupant" and "occupied" may connote more than a transitory relationship between the structure and the person located within the structure. See §
810.02, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1162023
...ife on the burglary count and to time served on the battery count. We find no merit in appellant's assertion of error in regard to the sufficiency of the evidence or in the instructions to the jury regarding enhancement of the burglary charge. Under section 810.02(2), Florida Statutes (1997), a burglary conviction is enhanced to a life felony if the assailant, while in a dwelling or structure, commits an assault or battery or becomes armed with a "dangerous weapon." The evidence clearly establishes that appellant committed an assault and battery on Evona while in her residence. While appellant complains that he was not proven to have been armed with a "dangerous weapon" as provided in section 810.02, we do not reach that issue. Section 810.02 provides for enhancement of a burglary charge in the alternative: If an assault or battery is committed or if the burglar is or becomes armed with a "dangerous weapon." In addition to the language in Count I of the information that app...
...a burglary, and during the burglary committed an assault, there was also surplus language that "in the course thereof, Michael Lee Hill carried, displayed, used, threatened to use or attempted to use a knife contrary to Florida Statutes
775.087 and
810.02 (LIFEFEL)." The jury verdict found appellant guilty of burglary with "an assault or battery," and that he "did possess a weapon." The burglary charge in this case was therefore properly enhanced by reason of the allegations of an assault....
...appellant's conviction as he was charged with possessing a "knife," not of possessing "a dangerous weapon." We therefore need not engage in a debate as to whether a "knife" can constitute a "dangerous weapon" so as to enhance a burglary charge under section 810.02....
...nstruction on "burglary with an assault or battery." Because the evidence clearly established that appellant committed both an assault and battery on Evona, we conclude that any error was harmless. We again observe that the enhancement provisions of section 810.02 are in the alternative....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 11231, 2009 WL 2448115
...The appellant's counsel filed a brief pursuant to Anders v. California,
386 U.S. 738,
87 S.Ct. 1396,
18 L.Ed.2d 493 (1967). We affirm the appellant's conviction and sentence, but reverse and remand for correction of a scrivener's error. The jury found the appellant guilty of section
810.02(3)(a), Florida Statutes, burglary of a dwelling. The trial court properly pronounced judgment, but the written judgment indicates that the appellant was *934 convicted of section
810.02(2)(b), Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 941808
...oody. The fight was broken up only by the arrival of the police. Under the State's theory of the case, the defendant committed the crime of burglary by making a nonconsensual entry into the apartment with the intent to commit an offense therein. See § 810.02(1)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Nevertheless, he was, without objection by trial counsel, so adjudicated below. We therefore order that the conviction and sentence be modified to reflect instead that the adjudication and life sentence imposed upon him are for "burglary with an assault," a first degree felony punishable by life. See § 810.02(2)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21040
T.G.B. had no invitation or license to enter. §
810.02, Fla.Stat. (1979). Intent may be shown by circumstantial
CopyPublished | District Court of Appeal of Florida
alleged all of the necessary elements of section
810.02(2)(b)[, Florida Statutes (2017)] and
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21230
constitute “burglary” as defined by statute. Section
810.02, Florida Statutes (1979), defines burglary
CopyPublished | District Court of Appeal of Florida
sentence up to and including life imprisonment. §
810.02(2)(c)2., Fla. Stat. (2010). As such, when as in
CopyPublished | District Court of Appeal of Florida
armed robbery while committing a burglary under section
810.02(2)(a). Taylor v. State,
608 So. 2d 804, 805
CopyPublished | Court of Appeals for the Eleventh Circuit | 2006 WL 2739348
...ned burglary as “entering or remaining
in a structure or a conveyance with the intent to commit an offense therein, unless the
premises are at the time open to the public or the defendant is licensed or invited to
enter or remain.” Fla. Stat. § 810.02(1) (1989)....
...degree; (2) where the offender was unarmed and entered any dwelling, occupied
structure, or occupied conveyance, he committed a felony of the second degree; and
(3) in all other burglaries, the offender committed a felony of the third degree. Fla.
Stat. § 810.02(2), (3)....
...upied structure) or an
unoccupied conveyance with intent to commit an offense therein.
The judgment of conviction for Day’s 1989 burglary stated only that Day
entered a plea of nolo contendere to “Burglary,” in violation of Fla. Stat. § 810.02,
and that the degree of the crime was “3-F.” This was insufficient information for the
district court to determine whether Day was convicted of burglarizing a structure or
a conveyance....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2259, 1985 Fla. App. LEXIS 16034
of a crime greater than a second degree felony. §
810.02(3), Fla.Stat. (1983); Speed v. State, 410 So.2d
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2087, 1984 Fla. App. LEXIS 15232
pleaded guilty to five counts of burglary, section
810.02, Florida Statutes (1983), and three counts
CopyPublished | District Court of Appeal of Florida
which is a first-degree felony punishable by life. §
810.02(2)(a), Fla. Stat. Therefore, the governing provision
CopyPublished | Court of Appeals for the Eleventh Circuit
...§ 3C1.2.
5
Case: 14-10396 Date Filed: 09/21/2015 Page: 6 of 24
At sentencing, Matchett objected to both of these enhancements. He argued that his
prior felony convictions for burglary of an unoccupied dwelling, Fla. Stat.
§ 810.02(1)(b), (3)(b), were not “crime[s] of violence.” He also argued that he
neither attempted to flee nor recklessly endangered anyone.
The district court ruled that the presentence investigation report correctly
calculated Matchett’s offense level....
...is burglary of a dwelling,
arson, or extortion, involves use of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(a).
The district court determined that Matchett’s two prior convictions for burglary of
an unoccupied dwelling, Fla. Stat. § 810.02(1)(b), (3)(b), were “crime[s] of
violence” because they “involve[d] conduct that presents a serious potential risk of
physical injury to another,” U.S.S.G....
...of the Career-Offender Guideline.
Although the definition of a crime of violence specifically includes the crime
of “burglary of a dwelling,” U.S.S.G. § 4B1.2(a)(2), the Florida offense of burglary
of an unoccupied dwelling, Fla. Stat. § 810.02(1)(b), (3)(b), does not fall under that
definition....
...nough if that
conviction was for a crime that generally creates as much risk of physical injury as
one of the enumerated crimes.” Chitwood,
676 F.3d at 979. Because burglary of an
unoccupied dwelling requires intentional conduct, see Fla. Stat. §
810.02(1)(b),
(3)(b), we must decide only whether that crime “categorically pose[s] a serious
potential risk of physical injury that is similar in degree to the risks posed by” the
“closest analog among the enumerated offenses—burglary of a dwelling,”
Chitwood,
676 F.3d at 979....
CopyPublished | Court of Appeals for the Eleventh Circuit
...§ 3C1.2.
5
Case: 14-10396 Date Filed: 09/21/2015 Page: 6 of 24
At sentencing, Matchett objected to both of these enhancements. He argued that his
prior felony convictions for burglary of an unoccupied dwelling, Fla. Stat.
§ 810.02(1)(b), (3)(b), were not “crime[s] of violence.” He also argued that he
neither attempted to flee nor recklessly endangered anyone.
The district court ruled that the presentence investigation report correctly
calculated Matchett’s offense level....
...is burglary of a dwelling,
arson, or extortion, involves use of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(a).
The district court determined that Matchett’s two prior convictions for burglary of
an unoccupied dwelling, Fla. Stat. § 810.02(1)(b), (3)(b), were “crime[s] of
violence” because they “involve[d] conduct that presents a serious potential risk of
physical injury to another,” U.S.S.G....
...of the Career-Offender Guideline.
Although the definition of a crime of violence specifically includes the crime
of “burglary of a dwelling,” U.S.S.G. § 4B1.2(a)(2), the Florida offense of burglary
of an unoccupied dwelling, Fla. Stat. § 810.02(1)(b), (3)(b), does not fall under that
definition....
...nough if that
conviction was for a crime that generally creates as much risk of physical injury as
one of the enumerated crimes.” Chitwood,
676 F.3d at 979. Because burglary of an
unoccupied dwelling requires intentional conduct, see Fla. Stat. §
810.02(1)(b),
(3)(b), we must decide only whether that crime “categorically pose[s] a serious
potential risk of physical injury that is similar in degree to the risks posed by” the
“closest analog among the enumerated offenses—burglary of a dwelling,”
Chitwood,
676 F.3d at 979....
CopyPublished | Court of Appeals for the Eleventh Circuit
...§ 3C1.2.
5
Case: 14-10396 Date Filed: 09/21/2015 Page: 6 of 24
At sentencing, Matchett objected to both of these enhancements. He argued that his
prior felony convictions for burglary of an unoccupied dwelling, Fla. Stat.
§ 810.02(1)(b), (3)(b), were not “crime[s] of violence.” He also argued that he
neither attempted to flee nor recklessly endangered anyone.
The district court ruled that the presentence investigation report correctly
calculated Matchett’s offense level....
...is burglary of a dwelling,
arson, or extortion, involves use of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(a).
The district court determined that Matchett’s two prior convictions for burglary of
an unoccupied dwelling, Fla. Stat. § 810.02(1)(b), (3)(b), were “crime[s] of
violence” because they “involve[d] conduct that presents a serious potential risk of
physical injury to another,” U.S.S.G....
...of the Career-Offender Guideline.
Although the definition of a crime of violence specifically includes the crime
of “burglary of a dwelling,” U.S.S.G. § 4B1.2(a)(2), the Florida offense of burglary
of an unoccupied dwelling, Fla. Stat. § 810.02(1)(b), (3)(b), does not fall under that
definition....
...nough if that
conviction was for a crime that generally creates as much risk of physical injury as
one of the enumerated crimes.” Chitwood,
676 F.3d at 979. Because burglary of an
unoccupied dwelling requires intentional conduct, see Fla. Stat. §
810.02(1)(b),
(3)(b), we must decide only whether that crime “categorically pose[s] a serious
potential risk of physical injury that is similar in degree to the risks posed by” the
“closest analog among the enumerated offenses—burglary of a dwelling,”
Chitwood,
676 F.3d at 979....
CopyPublished | District Court of Appeal of Florida
maximum for the underlying offenses.”); see also §
810.02(2), Fla. Stat. (2010).
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 4103218
including burglary- of an occupied structure under section
810.02(3)(c), Florida Statutes (2016),, but his judgment
CopyPublished | Florida 5th District Court of Appeal
including burglary of an occupied structure under section
810.02(3)(c), Florida Statutes (2016), but his judgment
CopyPublished | Court of Appeals for the Eleventh Circuit | 2014 U.S. App. LEXIS 17743, 2014 WL 4548743
...After permission to remain therein has been
withdrawn, with the intent to commit an offense
therein; or
c. To commit or attempt to commit a forcible felony,
as defined in s.
776.08.
Fla. Stat. §
810.02(1)(b).
Kirk argues that because it is unclear whether his prior convictions under the
Florida statute were based on his “entering” or “remaining in” a dwelling, 2 this
2
Each criminal information re...
...ames v.
United States,
550 U.S. 192, 203,
127 S. Ct. 1586, 1594 (2007). The Supreme
Court commented on these risks in the context of considering whether attempted
burglary under Florida law, with burglary being defined by the previous version of
§
810.02, constitutes a violent felony for purposes of the ACCA. See id. at 195,
197,
127 S. Ct. at 1590–91. The definition of burglary under Florida law at the
located at a particular address, “with the intent to commit an offense therein, to-wit: Theft,
contrary to Florida Statute
810.02.”
5
Case: 13-15103 Date Filed: 09/16/2014 Page: 6 of 14
time was “entering or remaining in a structure or a conveyance with the intent to
commit an offense therein,...
...at
195,
127 S. Ct. at 1590. We therefore have no doubt that “remaining in” burglary
involves the same significant risks of physical injury to another.
Furthermore, we have previously held that a conviction under the earlier
version of §
810.02, which included a “remaining in” element, was a conviction for
a violent felony under the ACCA’s residual clause....
...ht react violently. In short, the
burglar’s presence in the curtilage of the structure presents a serious
potential risk that violence will ensue and someone will be injured.
Id. We thus held that burglary under the prior version of § 810.02 qualified as a
violent felony under the ACCA’s residual clause even though it was unclear from
the record there whether the defendant had entered into the roofed portion or the
curtilage of the structures at issue....
....
.” James,
550 U.S. at 212,
127 S. Ct. at 1599.
7
Case: 13-15103 Date Filed: 09/16/2014 Page: 8 of 14
violence when considering attempted burglary based on the earlier version of
§
810.02, which defined burglary as “entering or remaining in a structure or a
conveyance with the intent to commit an offense therein.” See James, 550 U.S....
CopyPublished | District Court of Appeal of Florida
term for his conviction was life in prison. Id.; §
810.02(2)(a), Fla. Stat. (2008). He was also subject
CopyPublished | Florida 2nd District Court of Appeal
for burglary of an unoccupied conveyance. See §
810.02(1)(b)(1), (4)(b), Fla. Stat. (2014). He argues
CopyPublished | Supreme Court of Florida | 1983 Fla. LEXIS 2948
dismissing an information charging burglary under section
810.02, Florida Statutes (1981), for failure to charge
CopyPublished | District Court of Appeal of Florida
victim during the course of the burglary. See §
810.02(2)(a)&(b), Fla. Stat. The judgment in
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13812
that dwelling, structure,, or conveyance. See §
810.02, Fla. Stat. (2015). M.W. contends that a circumstantial
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21314
pled guilty to: (1) burglary of a dwelling [Section
810.02(3), Florida Statutes (1981) ]; (2) sexual battery
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14917, 2009 WL 3189336
...remaining in" language proper, the State cites portions of the record in which Newsome admits to entering the Beitelshees' backyard without consent for the purpose of "hiding" and "finding a safe place to sleep." The crime of burglary, as defined by section 810.02(1)(b), Florida Statutes (2007), includes: (1) Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invite...
...Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or c. To commit or attempt to commit a forcible felony, as defined in s.
776.08. §
810.02(1)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2367, 1987 Fla. App. LEXIS 12247
battery upon the occupant, in violation of section
810.02, Florida Statutes (1983). It is appellant’s
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2118, 1986 Fla. App. LEXIS 9986
questioning does not qualify as a “proceeding” under Section
810.02(2)(a), Florida Statutes (1985). Delgado-Santos
CopyPublished | Florida 3rd District Court of Appeal
a first-degree felony punishable by life. See §
810.02(2)(a), Fla. Stat. (1990). Following trial, the
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2428, 1985 Fla. App. LEXIS 16626
of burglary of a structure in violation of section
810.02(3), Florida Statutes. Having considered the
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 4442462
...Two issues are presented for our consideration, only one of which merits discussion. We conclude that the jury instruction on the burglary charge warrants reversal. Burglary is defined as entering or remaining in a structure with the intent to commit an offense therein. § 810.02, Fla....
CopyPublished | District Court of Appeal of Florida
charging him with burglary in violation of Section
810.02, Florida Statutes (1979) and Section
777.04 CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22725
charged. T.S.J. was charged with violating Section
810.02, Florida Statutes (1981), which provides, in
CopyPublished | District Court of Appeal of Florida
guilty of burglary of a dwelling (count one), see §
810.02(3)(b), Fla. Stat. (2013), and grand theft (count
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21420
with: (1) burglary of a dwelling contrary to Section
810.02(3), Florida Statutes (1977); and (2) involuntary
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21434
burglary of a dwelling with intent to commit a theft. §
810.02(3), Fla.Stat. (1980). He urges that the trial
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2378, 1985 Fla. App. LEXIS 16339
conveyance, a third degree felony proscribed by section
810.02, Florida Statutes (1983), and to resisting
CopyPublished | Florida 4th District Court of Appeal
...o commit
a robbery, and does commit a robbery of the occupants
therein.” §
812.135(1), Fla. Stat. (2010). Burglary is defined
as “entering or remaining in a dwelling . . . with the intent to
commit an offense therein.” §
810.02(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida
is a “non-violent third degree felony” under section
810.02, Florida Statutes); Butler v. State, 513 So
CopyPublished | Florida 2nd District Court of Appeal
count of burglary of a dwelling in violation of section
810.02(3)(a). The written judgment improperly identifies
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10629
of burglary of a structure, in violation of section
810.02(3), Florida Statutes (1993). At the trial in
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2335, 1985 Fla. App. LEXIS 16237
term of probation for burglary, a violation of section
810.02, Florida Statutes (1981), and a concurrent
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4933
Stat, F.S.A.) but of a building, in violation of §
810.02, a lesser offense. See Johnson v. State, Fla.
CopyPublished | Florida 4th District Court of Appeal | 2011 WL 5375025, 2011 Fla. App. LEXIS 17784
...4th DCA 2010) (quoting Romero v. State,
901 So.2d 260, 264 (Fla. 4th DCA 2005)). If there is competent, substantial evidence of each element of the charged crime, the denial of a motion for judgment of acquittal will be affirmed. Johnson v. State,
969 So.2d 938, 955 (Fla.2007). Section
810.02(1)(b)1., Florida Statutes (2007), defines burglary as: "Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein. . . ." §
810.02(1)(b)1., Fla....
CopyPublished | District Court of Appeal of Florida
PERSON ASSAULTED” and included a citation to section
810.02(2). But the body of the document wasn’t changed
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 16965
his own shirt. The State had the burden under section
810.02(l)(b), Florida Statutes (2007), to prove beyond
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 23526
delinquent act of burglary, in violation of section
810.02, Florida Statutes (1981). We reverse. Appellant
CopyPublished | Florida 2nd District Court of Appeal
with an assault or battery, in violation of section
810.02, Florida, Statutes (2013), false imprisonment
CopyPublished | Supreme Court of Florida
. *929 13.1 BURGLARY §
810.02, Fla. Stat. Give if the information or
CopyPublished | Florida 5th District Court of Appeal | 1999 WL 1043899
...I respectfully dissent. The supreme court has indicated the rule in Maddox is no longer valid because it intends to reverse its holding. See Speights v. State, No.93,207, ___ So.2d ___ (Fla. May 14, 1999). Thus, we should no longer follow it. NOTES [1] § 810.02(1) and (3), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 19293
Fla. Stat. (2004); burglary of a conveyance, §
810.02(4)(b); and trespass on property other than a structure
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2418, 1984 Fla. App. LEXIS 16574
first degree sexual battery, violations of section
810.02(2)(a) and 794.-011(4)(b), Florida Statutes
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2404, 1984 Fla. App. LEXIS 16575
imprisonment for a term of years not to exceed life. §
810.02(2)(a), Florida Statutes. The sexual battery offense
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 11932
of burglary of a conveyance in violation of section
810.02, Florida Statutes. We affirm the lower court’s
CopyPublished | Florida 1st District Court of Appeal
burglary of an occupied conveyance with assault. Section
810.02(2), Florida Statutes, defines this offense
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16531
these offenses were second degree felonies, Section
810.02(3), Fla.Stat. (1977), punishable by up to fifteen
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4141
the 1982 amendment to the burglary statute, section
810.02, implementing the definition of “dwelling”
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5626
dwelling at the time the offender enters or remains; §
810.02, Fla. Stat. (1997). The three essential elements
CopyPublished | Supreme Court of Florida | 1977 Fla. LEXIS 3901
Florida’s current burglary statute, as set forth in Section
810.02, Florida Statutes (1975). Appellants entered
CopyPublished | District Court of Appeal of Florida
theft in the first degree, the State was 1 See §
810.02(4), Fla. Stat. (2017) (enhancing burglary of an
CopyPublished | Florida 4th District Court of Appeal
essential elements of burglary as defined in section
810.02 are (1) entering or remaining in, (2) a structure
CopyPublished | Florida 2nd District Court of Appeal | 2015 WL 3395789
...Williams admitted to violating his probation. The
trial court revoked Mr. Williams' probation and sentenced him to eighteen months in
prison. The judgment and order of revocation of probation, however, list the charge as
burglary of an occupied conveyance, a second-degree felony, see §
810.02(3)(d), Fla.
Stat. (2013), not attempted burglary of an occupied conveyance, a third-degree felony,
see §§
810.02(3)(d),
777.04(4)(d), Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20043
the plea supports this charge. Pursuant to Section
810.02(3), Florida Statutes (1977), burglary of a
CopyPublished | Supreme Court of Florida
The jury was instructed in accordance with section
810.02(1)(b)2.c., Florida Statutes (2020), that the
CopyPublished | District Court of Appeal of Florida
with burglary with an assault or battery under section
810.02(1) and (2)(a), Florida Statutes (2017), which
CopyPublished | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 19896
whether an assault was proved becomes moot. Under section
810.02, Florida Statutes (1979), burglary is a first
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14535
these elements, burglary is a third degree felony, §
810.02, Fla.Stat. (1975), for which the maximum sentence
CopyPublished | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 16153
date of the offense charged was June 16, 1975. Section
810.02, FLorida Statutes (1973), provides that whoever
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19813
charged with burglary of a conveyance under Section
810.02(1), Florida Statutes (1979), and found guilty
CopyPublished | District Court, S.D. Florida
remaining in a structure or conveyance " Fla. Stat. §
810.02 (1985 & 1989). Conveyances include motor vehicles
CopyPublished | District Court of Appeal of Florida
novo.”) (quotation marks and citations omitted); §
810.02(1)(b)1., Fla. Stat. (2019) (“[B]urglary” means
CopyPublished | Florida 4th District Court of Appeal
convicted of burglary with a battery under section
810.02(2)(a), Florida Statutes. The jury did not make
CopyPublished | District Court of Appeal of Florida
did not, namely entry into the unoccupied RV. §
810.02(4)(b), Fla. Stat. (2015). We affirm as to
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18856
property crime; that is, burglary as defined in §
810.02(2) and (3) or arson; or *579with the sale or manufacture
CopyPublished | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 41652, 2007 WL 1557484
...At pages three and four, Johnson's (supplemental) response to Moore's motion to alter or amend the judgment emphatically disposes of Moore's claim: Here, in order for the State to convict the Petitioner of the 1st degree "burglary with assault or battery" under § 810.02(2)(a), and thereby subject him to a life sentence on this count of conviction, the State would also have had to prove the additional element that an assault or battery, or in this case, that the sexual battery as charged and identified in t...
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 817110
...Accordingly, we reverse the conviction on the burglary count and remand for a new trial. The State charged Appellant with burglary under the theory that Appellant had remained in a structure with the intent to commit a forcible felony therein pursuant to section 810.02(1)(b)2.c, Florida Statutes (2006). The material portions of the information provided: Luis A. Santin . . . did, in violation of Florida Statutes 810.02(1)(b)2.c. and *782 810.02(2)(a), enter or remain, without license or invitation, in a portion of a structure, located in the vicinity of 39 W....
...(Emphasis added). The court's instruction permitted the State to argue that the jury could find Appellant guilty if he "had a fully-formed conscious intent to commit an offense in that structure." This theory of criminal responsibility is based on section 810.02(1)(b)l., Florida Statutes (2006), a theory not charged in the information....
CopyPublished | District Court of Appeal of Florida
of years not exceeding life imprisonment. See §
810.02(2)(a), Fla. Stat. Appellant argues that the highest
CopyPublished | District Court of Appeal of Florida
gun, a dangerous weapon or explosive," see §
810.02, Fla. Stat. (2015); and one count of attempted
CopyPublished | Florida 5th District Court of Appeal | 2011 WL 1079074
...re was a fence on the side of the house from which the victim's personal property was taken. To prove the offense of burglary of a dwelling, the State was required to prove that J.L. entered a "dwelling" with the intent to commit an offense therein. § 810.02(1)(b)1., Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 WL 574427
...In Delgado, the supreme court held that a conviction for burglary under a "remaining in" theory cannot lie where the defendant initially entered the premises lawfully and then later formed a criminal intent to commit a crime therein. The court explained that the phrase "remaining in" in the burglary statute, section 810.02(1), Florida Statutes, [2] is limited to situations where the remaining in was done surreptitiously....
...), the legislative nullification was retroactive only to February 1, 2000. See Floyd v. State,
850 So.2d 383, 402, n. 29 (Fla.2002). The events in Petitioner's case occurred on November 9, 1999, before the retroactive date of section
810.015(2). [2] Section
810.02(1), Florida Statutes (1999), provided: "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defen...
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 754, 1989 Fla. App. LEXIS 1602
conveyance, a third degree felony in violation of section
810.02, Florida Statutes (1987). The trial court entered
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14295
unlawful entry of a dwelling in violation of Section
810.02(3), Florida Statutes (1975), alleging the trial
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 934123, 2012 Fla. App. LEXIS 4445
...th regard to Reyes' sentences in case number CRC09-020773CF. In CRC09-020773CF, Reyes was charged with two counts of sexual battery, in violation of section
794.011(3), Florida Statutes (2009), life felonies; burglary with a battery, in violation of section
810.02(2)(a), Florida Statutes (2009), a first-degree felony punishable by life; and home invasion robbery, in violation of section
812.135(2)(c), Florida Statutes (2009), a first-degree felony....
CopyPublished | Florida 5th District Court of Appeal
support a conviction of burglary. Pursuant to section
810.02(1)(b)1., Florida Statutes (2014), it is burglary
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 724021
...Finally, the court did not find Hepfer guilty of count V, the separate charge of use of a firearm in the commission of a felony. The written judgment and sentences are inconsistent with the trial court's pronouncements as they reflect a conviction for first-degree burglary of a structure while armed pursuant to section 810.02(2)(b), Florida Statutes (2002), as to count III and a conviction and sentence as to count V concerning the firearm....
...On remand, the trial court shall also correct the judgment by changing Hepfer's conviction with respect to count III from "First Degree Burglary While Armed," "Punishable by Life" to third-degree burglary of a structure. The court shall correct the statute cited in support of the burglary conviction from section 810.02(2)(b) to section 810.02(4)(a)....
CopyPublished | Court of Appeals for the Eleventh Circuit
glary of an unoccupied dwelling, see Fla. Stat. §
810.02(3)(b), con- stituted a “crime involving moral
CopyPublished | Florida 3rd District Court of Appeal
Statutes, burglary with assault, in violation of section
810.02(2)(a), Florida Statutes, and attempted armed
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 695, 1985 Fla. App. LEXIS 12955
treated as a felony of the second degree under section
810.02, Florida Statutes (1983). The defendant makes
CopyPublished | District Court of Appeal of Florida
felony punishable by life imprisonment (PBL). §
810.02(2)(b), Fla. Stat. He qualified for sentencing
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 12316
Statutes (1981) and burglary, in violation of section
810.02, Florida Statutes (1981). He was adjudicated
CopyPublished | Florida 2nd District Court of Appeal
reverse the burglary disposition as well. See §
810.02(1)(b)(1), (1)(b)(4)(a), Fla. Stat. (2015).
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 19472
felony, depending upon the allegata and probata. §
810.02, Fla.Stat. (1979). To convict a defendant of first-degree
CopyPublished | Florida 1st District Court of Appeal
...Accordingly, the special
standard is not applicable to this case.
To prove the crime of burglary, the State had to prove beyond a reasonable
doubt that Appellee entered the home and, at the time of entering, had the intent to
commit theft in that structure. § 810.02, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1995 WL 380081
structure, a third degree felony offense. See §
810.02(3), Fla.Stat. (1993). In Case No. 90-3649, the
CopyPublished | District Court of Appeal of Florida
with burglary of an unoccupied dwelling under section
810.02(3)(b), Florida Statutes. We affirm the
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 2543459
...case to the trial court with instructions to allow Mr. Stewart either to go to trial on the theft counts or to enter another plea with respect to them. REVERSED and REMANDED with instructions. GRIFFIN and ORFINGER, JJ., concur. NOTES [1] Fla. Stat. § 810.02 (2001)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1611, 1985 Fla. App. LEXIS 15388
sentences could constitute a "split sentence.” . Section
810.02(3), Florida Statutes (1983) states that a burglary
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7831
replied, “There is no merit to this contention. Section
810.02 F.S.A. amended the common law to comprehend
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 2511771
...nd a loaded gun. He threw the titles into a dumpster, cashed a check, and sold the gun for crack cocaine. Through the cashed check he was identified and arrested. He was tried for armed burglary because he stole the safe in which the gun was stored. Section 810.02(2)(b) defines burglary as a felony punishable by life "if, in the course of committing the offense, the offender . . . becomes armed within the . . . structure . . . with . . . a dangerous weapon." § 810.02(2)(b), Fla....
...The court explained: "A person having possession of a gun during a burglary is subject to a minimum mandatory sentence under section
775.087 regardless of whether the gun was loaded. We do not believe that the legislature intended a different construction of section
810.02(2)(b) which enhances the crime of burglary when the defendant `is armed or arms himself' with a gun." [e.s., c.o.]
534 So.2d at 708....
...the accused, as distinguished from a mere involuntary or superficial possession"). The offense of arming oneself during a burglary means that the offender equipped himself with a firearm. To equip oneself with something is to possess it. Nothing in section 810.02(2)(b) suggests *797 that the legislature meant to dispense with the presumptive element of knowledge....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 8963, 28 Fla. L. Weekly Fed. D 1446
STONE, J., concurs specially with opinion. . §
810.02(l)(a), Fla. Stat. (2001).
CopyPublished | District Court of Appeal of Florida
of Florida’s burglary statute set forth in section
810.02, Florida Statutes (2019). Generally, in Florida
CopyPublished | District Court of Appeal of Florida
014(2)(c)6., Florida Statutes. 2 In violation of section
810.02(4)(b), Florida Statutes.
CopyPublished | District Court of Appeal of Florida
reclassify the available penalty for any crime, section
810.02 describes and criminalizes a specific act,
CopyPublished | District Court of Appeal of Florida
burglary of a structure, a third-degree felony. See §
810.02(4)(a), Fla. Stat. (2015). The trial court sentenced
CopyPublished | Florida 4th District Court of Appeal
with the intent to commit an offense therein.” §
810.02(1)(b), Fla. Stat. (2024). Florida defines a “dwelling”
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20455
consent of the owner or occupant” contrary to §
810.02, Fla.Stat. (1979). Defendant was found guilty
CopyPublished | Florida 5th District Court of Appeal
...his sentence, which was 41.15 months in prison. The adjudication order classifies his
conviction for attempted burglary of an unoccupied dwelling as a second-degree felony,
but attempted burglary of an unoccupied dwelling is a third-degree felony. See §
810.02(3)(b), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 WL 753809
...McCoy was "real cooperative." Nothing in the record suggests that Mr. McCoy ever pointed the knife at the man or brandished it in a threatening manner. For the offense at the second house, Mr. McCoy was charged in count I with armed burglary, a first-degree felony punishable by life imprisonment. See § 810.02(2)(b), Fla....
...McCoy was convicted as charged and sentenced to life imprisonment as both a habitual offender and a prison releasee reoffender (PRR). For the offense at the first house, Mr. McCoy was charged in count II, and convicted, of burglary of a dwelling, a second-degree felony. See § 810.02(3), Fla....
...In the case of a common "pocketknife," which does not fall within the definition of "weapon" in section
790.001(13), Florida Statutes (1999), the State must produce some evidence that the defendant used the pocketknife as a "dangerous weapon" for purposes of section
810.02(2)(b) before the jury may decide that the defendant committed armed burglary....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1818, 1987 Fla. App. LEXIS 9505
May 24, 1982, including second-degree burglary, §
810.02(3), Fla.Stat. (1985), and criminal mischief, §
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19932
appellant who had broken into the building. Section
810.02(2), Florida Statutes (1981), provides: (2)
CopyPublished | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 16811
...be "in custody pursuant to the judgment of a State court." 28 U.S.C. § 2254; accord Maleng v. Cook, 490
3
The six counts were charged in four different informations. Appellant pled guilty to the following
six counts: burglary (Fla.Stat. § 810.02), use of a firearm in the commission of a felony (Fla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
...On
direct appeal, however, the convictions for armed robbery and using a handgun
during a robbery were reversed.
3
The six counts were charged in four different informations. Appellant
pled guilty to the following six counts: burglary (Fla. Stat. § 810.02), use of a
firearm in the commission of a felony (Fla....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7764
larceny, in violation of Florida Statutes, Section
810.02, F.S.A. The only significant, arguable point
CopyPublished | District Court of Appeal of Florida
premises not be open to the public. Id. (citing §
810.02(1), Fla. Stat. (1993)). Furthermore, while Florida’s
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20602
with intent to commit theft in violation of Section
810.02, Florida Statutes (1979). Appellant was found
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 2744237
...ch offense."); §
777.04(1), Fla. Stat. (2004) (defining criminal attempt); §
782.04(1)(a)1., Fla. Stat. (2004) (detailing elements of first degree premeditated murder); §
787.02(1)(a), Fla. Stat. (2004) (detailing elements of false imprisonment); §
810.02, Fla....
CopyPublished | Florida 2nd District Court of Appeal
commit a crime when she entered the house. See §
810.02(1)(b), Fla. Stat. (2017) (defining "burglary"
CopyPublished | District Court of Appeal of Florida
commit a crime when she entered the house. See §
810.02(1)(b), Fla. Stat. (2017) (defining "burglary"
CopyPublished | Court of Appeals for the Eleventh Circuit
licensed or invited to enter or remain.” Fla. Stat. §
810.02.
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14080
considered a third degree felony pursuant to section
810.02, Florida Statutes (1981). Appellant states
CopyPublished | District Court of Appeal of Florida
unarmed, a second-degree felony. See §
810.02(3)(a), Fla. Stat. (2022). However, pursuant
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 11046659
unoccupied dwelling is a third-degree felony. See §
810.02(3)(b), Fla. Stat.,
777.04(4)(d), Fla. Stat. Therefore
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 140
defendant is licensed or invited to enter or remain.” §
810.02(1) Fla. Stat. (1995). Independent of the confession
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 161, 2015 WL 71810
...tolen property
convince you beyond a reasonable doubt that the defendant
committed the burglary.
Fla. Std. Jury Instr. (Crim.) 13.1.
The defendant argues the instruction was improper. We agree. The
defendant was charged pursuant to section 810.02(1), Florida Statutes
(2012), with “unlawfully enter[ing] or remain[ing]” in a dwelling “with
intent to commit the offense of [t]heft therein.” The statute provides the
following in pertinent part:
(b) For offenses committed after July 1, 2001, “burglary”
means:
1....
...a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense
therein;
b. After permission to remain therein has been
withdrawn, with the intent to commit an offense
therein . . . .
§ 810.02(1)(b), Fla....
CopyPublished | District Court of Appeal of Florida
burglary of an occupied dwelling, in violation of section
810.02(3)(a), Florida Statutes (2009), which is a
CopyPublished | District Court of Appeal of Florida
is a felony punishable by life imprisonment. §
810.02(2)(a), Fla. Stat. (2007). Because the fifteen-year
CopyPublished | District Court of Appeal of Florida
to the analogous Florida burglary statute, section
810.02, Florida Statutes (2020), because the convictions
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 50
therein, and he had no permission to be there. See §
810.02(1), Fla.Stat. (1997). The State need not present
CopyPublished | District Court of Appeal of Florida
felonies. Id. That statute was later repealed, and section
810.02(3) was implemented, which reclassified appellant’s
CopyPublished | Court of Appeals for the Eleventh Circuit
...2012) (stating that the Supreme Court’s position “appears to foreclose a
conclusion, at least by a lower court such as our own, that the residual clause is
unconstitutionally vague”).
Second, Weeks’ contention rests on the erroneous view that a prior
conviction under Florida’s burglary statute, Fla. Stat. § 810.02, can qualify as a
“violent felony” only under the ACCA’s residual clause, and never under its
enumerated-offenses clause....
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 45, 1991 Fla. LEXIS 23
for burglary of an automobile, as proscribed by §
810.02, Fla.Stat. (1987), and ordered him to pay restitution
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 14904
carries a maximum punishment of fifteen years. Section 810.-02(3), Florida Statutes (1975); Mays v. State
CopyPublished | District Court of Appeal of Florida
Burglary of an Occupied Structure pursuant to [section]
810.02(3)C, a felony of the second degree, and not
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15087
the Appellant for the offense of burglary, Section
810.02, Florida Statutes (1975). The jury found the
CopyPublished | District Court of Appeal of Florida
constituted the same statutory offense under section
810.02, Florida Statutes (1979). Id. at 46.
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 262, 1986 Fla. App. LEXIS 5989
defendant is licensed or invited to enter or remain. §
810.02(1), Fla.Stat. (1983). A conveyance is currently
CopyPublished | District Court of Appeal of Florida
The probable cause affidavit referred to section
810.02(4)(b), Florida Statutes (2014), which provided
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 306, 1987 Fla. App. LEXIS 6399
document alleged S.B. did, in violation of Florida Statute
810.02(3), enter or remain in a certain structure
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8129
the law that the element of intent in Fla.Stat. §
810.02, F.S.A., under which appellant was convicted,
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 290, 2010 WL 174155
...It may be that Mr. Pepitone attempted unsuccessfully to steal something from the study, but it is undisputed that he successfully entered the condominium unit. If he did so with an intent to commit an offense, his crime was a completed burglary. See § 810.02, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 234
intent to commit an offense within such structure. §
810.02, Fla. Stat. (1989). Additionally, ownership of
CopyPublished | District Court of Appeal of Florida
battery, 1 and he was charged in count 1 See §
810.02(2)(a), Fla. Stat. (2016) (“Burglary is a felony
CopyPublished | Supreme Court of Florida
amended in 1985 and 2017. 13.1 BURGLARY §
810.02, Fla. Stat. Give if the information or
CopyPublished | District Court of Appeal of Florida
and that he should have been sentenced under section
810.02, F.S.A. On September 21, 1962, the court entered
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 440, 1987 Fla. App. LEXIS 6718
C.J., and DAUKSCH and SHARP, JJ., concur. . §
810.02(2), Fla.Stat. (1985). . FIa.R.Crim.P. 3.701
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 442, 1987 Fla. App. LEXIS 6611
first degree burglary and second degree burglary. §
810.02(2) & (3), Fla.Stat. (1985). The evidence does
CopyPublished | District Court of Appeal of Florida
the intent to commit an offense therein . . . .” §
810.02(1)(b), Fla. Stat. (2016). Appellant challenged
CopyPublished | Florida 5th District Court of Appeal
structure with the intent to commit a crime. See §
810.02, Fla. Stat. (2014) (defining the crime of burglary)
CopyPublished | Florida 5th District Court of Appeal | 2016 WL 830275
an assault or a battery, a first-degree felony. §
810.02(2)(a)? Fla. Stat. (2011). The trial court sentenced
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11948
In order to prove the offense of burglary, Section
810.02(1), Florida Statutes (1981), the State must
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 140, 1985 Fla. LEXIS 3267
petitioner, in part, with burglary in violation of section
810.02, Florida Statutes (1983). The burglary count
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 528, 1986 Fla. App. LEXIS 6601
of burglary of a conveyance in violation of section
810.02, Florida Statutes. The trial judge revoked
CopyPublished | Florida 1st District Court of Appeal
years not exceeding life imprisonment” under section
810.02(2)(a), Florida Statutes, the trial court has
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 2187
adjudicated him a delinquent. This appeal followed. Section
810.02(l)(b)l, Florida Statutes (2001), requires a
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18810
with burglary of a structure in violation of section
810.02, Florida Statutes (1979). He pled guilty pursuant
CopyPublished | Florida 3rd District Court of Appeal
committed burglary of a structure in violation of section
810.02(4)(a), Florida Statutes (2016).2 For purposes
CopyI.L. v. State (Fla. Dist. Ct. App. 2018).
Published | District Court of Appeal of Florida
committed burglary of a structure in violation of section
810.02(4)(a), Florida Statutes (2016).2 For purposes
CopyPublished | Florida 5th District Court of Appeal | 1978 Fla. App. LEXIS 15592
attempted burglary of a motor vehicle contrary to Section
810.02(3), Florida Statutes (1975), and possession
CopyPublished | Florida 1st District Court of Appeal
...Appellant appeals the denial of his motion to vacate pursuant to Fla.R.Crim.P. 3.850, urging that the evidence presented at trial was insufficient to establish the offense of breaking and entering a building with the intent to commit grand larceny, contrary to Section 810.02, Florida Statutes (1973)....
CopyPublished | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 319, 1988 Fla. App. LEXIS 323
offense of attempted burglary of an automobile, §
810.02, Fla.Stat. (1983), as charged in a petition for
CopyPublished | Supreme Court of Florida | 1984 Fla. LEXIS 2599
burglary, an offense punishable by life imprisonment. §
810.02(2)(b), Fla.Stat. (1979);2 see Ringel v. State
CopyPublished | Florida 4th District Court of Appeal
the defendant is licensed or invited to enter.” §
810.02(1)(b)1., Fla. Stat. (2022). Section
810.011(2)
CopyPublished | Florida 1st District Court of Appeal
...he State to
prove she “enter[ed] a dwelling, a structure, or a conveyance with the intent to
commit an offense therein[,]” and during the course of committing the offense, was
or became “armed . . . with explosives or a dangerous weapon.” § 810.02(2)(b),
Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17996
pleaded guilty to burglary, in violation of section
810.02, Florida Statutes (2014), and grand theft,
CopyPublished | Florida 2nd District Court of Appeal
pleaded guilty to burglary, in violation of section
810.02, Florida Statutes (2014), and grand theft,
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17997
convicted of third-degree felony of burglary under section
810.02, Florida Statutes (2010), and amended version
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2671, 1985 Fla. App. LEXIS 17173
PART. COBB, C.J., and ORFINGER, J., concur. . §
810.02(2)(a), Fla.Stat. (1983), case no. 85-407. .
CopyPublished | Florida 2nd District Court of Appeal | 2005 WL 3556027
...5th DCA 2005); see also Caton v. State,
862 So.2d 901 (Fla. 2d DCA 2003). Finally, we note a scrivener's error in the judgment. Williams pleaded guilty to a third-degree felony, burglary of a conveyance. But the written judgment erroneously lists a violation of section
810.02(3), Florida Statutes (2003), which is a second-degree felony. On remand the judgment shall be corrected to reflect a violation of section
810.02(4), which is a third-degree felony....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 18062
with the intent to commit an offense therein. See §
810.02(l)(b), Fla. Stat. (2007). The “intent to commit
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2558, 1986 Fla. App. LEXIS 11206
Beckman was charged with two counts of burglary. §
810.02, Fla.Stat. (1983). On December 6, 1985, Beckman
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2565, 1986 Fla. App. LEXIS 11210
Appellant’s crime of burglary, a violation of section
810.02, Florida Statutes (1979), was committed on
CopyPublished | District Court of Appeal of Florida
5 felony burglary charge of violating section
810.02 of the Florida Statutes by entering and then
CopyPublished | Florida 2nd District Court of Appeal | 1990 WL 211484
...t the plea agreement. The remaining issues raised by Warren are without merit. Reversed and remanded for further proceedings consistent with this opinion. LEHAN, A.C.J., and HALL and PARKER, JJ., concur. NOTES [1] These were burglary of a structure, § 810.02(3), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 3640398
...2005) Deryl ABERCROMBIE, Appellant, v. STATE of Florida, Appellee. No. 5D05-3847. District Court of Appeal of Florida, Fifth District. December 20, 2005. Deryl M. Abercrombie, Indiantown, pro se. No Appearance for Appellee. PER CURIAM. AFFIRMED. See section 810.02(2), Florida Statutes (1989)....
CopyPublished | District Court of Appeal of Florida
of years not exceeding life imprisonment.” §
810.02(2)(a)–(b), Fla. Stat. (2017) (burglary); § 812
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 11, 1985 Fla. App. LEXIS 16950
jury and convicted of burglary in violation of section
810.02(3), Florida Statutes. Joseph argues on appeal
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21959
Failing in this, the Legislature should amend Section 810.-02(2)(a), Florida Statutes, to read “makes an
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 19680
with damage over $1,000.00, a violation of section
810.02(2)(c)2., Florida Statutes (2004). The charges
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2600, 1984 Fla. App. LEXIS 16275
of a battery upon another person contrary to section
810.02, Florida Statutes, a first degree felony. Appellant's
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 3613624
...efense witness failed to appear despite being *1003 subpoenaed for trial. We agree and reverse. Ostolaza was charged with burglary of a dwelling, which is defined as entering or remaining in a dwelling "with the intent to commit an offense therein." § 810.02(1)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 16245
offense in the unit, an element of burglary. See §
810.02(1), Fla. Stat. (1999).1 M.S. asserts that at best
CopyPublished | Florida 5th District Court of Appeal
person “in the course of committing” the offense. §
810.02(2)(a), Fla. Stat. (2022). Yet when an individual
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 11074
the intent to commit an offense once inside. See §
810.02(1), Fla. Stat. (1999). Although intent may be
CopyPublished | District Court of Appeal of Florida
$1,000 in the course of committing the offense. §
810.02(1)(b)1., (2)(c)2., Fla. Stat. (2009); see also
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1722, 1986 Fla. App. LEXIS 9339
Sheriff’s Department. He was convicted of burglary (Section
810.02, Florida Statutes) and grand theft (Section
CopyPublished | Florida 2nd District Court of Appeal
burglary with assault and battery in violation of section
810.02(2)(a), Florida Statutes (2004). He was convicted
CopyPublished | Florida 1st District Court of Appeal | 2006 WL 2505175
...dwelling that were contrary to the interpretation placed on the statutory definition of burglary by the supreme court in Delgado v. State,
776 So.2d 233 (Fla.2000), which held that a defendant does not "remain in" a structure under the provisions of section
810.02(1), Florida Statutes (1989), unless he or she does so surreptitiously....
...court decisions interpreting a statute are rendered inapplicable by a subsequent amendment to the statute." Foster,
861 So.2d at 441. Finally, the court decided: By the time appellant stood trial, the Delgado court's new, definitive construction of section
810.02(1) was binding. The offense allegedly occurred before chapter 2001-58, section 1, Laws of Florida, took effect. By the time chapter 2001-58 was enacted, the Delgado court had already announced the controlling construction of section
810.02(1), Florida Statutes (1989), as to all cases not yet final as of August 24, 2000....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 11038, 25 Fla. L. Weekly Fed. D 2057
structure with a firearm and assault, see id. §
810.02(2); count 4, kidnapping, see id. §
787.01(2).
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2045, 1985 Fla. App. LEXIS 17408
convicted of burglary of a structure under section
810.02(1), Florida Statutes (1981) and grand theft
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20026
the offenses of armed burglary, contrary to Section
810.02(2)(b), Florida Statutes, and possession of
CopyPublished | Florida 3rd District Court of Appeal
defendant is licensed or invited to enter.” §
810.02(1)(b)1., Fla. Stat. (2023). “To prove burglary
CopyPublished | District Court of Appeal of Florida
Here, the information charging Brown cited section
810.02(2)(b), Florida Statutes (2012), which establishes
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13975
attempted burglary with the intent to commit theft, section
810.02(1), Florida Statutes (1983), and there is proof
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20840
count of burglary of a dwelling in violation of section
810.02(3), Florida Statutes (1979), and one count
CopyPublished | Florida 2nd District Court of Appeal
defendant is licensed or invited to enter." §
810.02(1)(b)(1), Fla. Stat. (2014). It is undisputed
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 11241, 2009 WL 2448168
...For the following reasons, we deny Curry's motion. On January 22, 1993, after a jury trial, Curry was convicted of armed robbery, in violation of section
812.13, Florida Statutes (Supp. 1992), and burglary of an occupied conveyance with a firearm, in violation of section
810.02, Florida Statutes (Supp....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1696, 1984 Fla. App. LEXIS 13965
and sentence for burglary with assault under section
810.02(2)(a), Florida Statutes (1983). For the reasons
CopyPublished | District Court of Appeal of Florida
punishable by a maximum sentence of fifteen years, §
810.02(3), Fla. Stat. (2004). However, because Defendant
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 424, 2017 Fla. LEXIS 750
dwelling while inflicting death, in violation of section
810.02(2)(b), Florida Statutes (2009); and one count
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 4146, 2009 WL 1153258
...On account of this, the information charged him with burglary of a dwelling and committing assault and battery in the course of the burglary, which "is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s.
775.082." §
810.02(2)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16123
As to the convictions in Count I Burglary, section
810.02(1), (3), Florida Statutes (1979), and Count
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2214
reverse in part. D.B. was charged with violating Section
810.02, Florida Statutes (1987), which provides, in
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1072, 1985 Fla. App. LEXIS 13678
is that of a burglary of a dwelling under section 810.-02(3), Florida Statutes (1983), rather than that
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12959
years not exceeding life imprisonment under section
810.02(2)(b), Florida Statutes) and that the State
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 934, 1986 Fla. App. LEXIS 7432
therefore not a proper reason for departure. See Section
810.02(1), Florida Statutes (1983); Knowlton v. State
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19332
with the intent to commit an offense therein” §
810.02(1), Fla.Stat. We agree and reverse. The appellants
CopyPublished | District Court of Appeal of Florida
burglary, the state alleged a violation of section
810.02(2)(c)2., Florida Statutes (2015). This section
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 5585, 2015 WL 1740880
...did knowingly
enter or remain in a dwelling, the property of
CHRISTOPHER HARPER, while armed, or became armed
within such dwelling with a dangerous weapon or explosive,
with the intent to commit an offense therein, contrary to
Florida Statute 810.02.
After the State rested at trial, defense counsel moved for a judgment of acquittal as to
burglary of a dwelling while armed, arguing that the State failed to present evidence as
to the existence of a dangerous weapon....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15991
with twelve counts of theft, in violation of Section
810.02, Florida Statutes. After trial before the court
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6597
entering with intent to commit a felony (Fla.Stat. § 810.-02) and grand larceny (Fla.Stat. § 811.021 (2)),
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 5441, 2015 WL 1650293
...A defendant's
maximum exposure in a criminal case is controlled by the charging document. Yegge
was charged with armed burglary and the information alleged that he was armed or
became armed with a firearm. After Yegge pleaded guilty to armed burglary, his
maximum sentence was controlled by sections
810.02(2)(b) and
775.087(2)(a)(1)(d),
Florida Statutes (2002), and the guidelines in effect at the time of his offense....
...-9-
for a substantive violation for a period longer than the maximum sentence for the
offense for which he or she was found guilty"). Accordingly, this court concluded that
because the maximum sentence for armed burglary under section
810.02(2)(b), Florida
Statutes (2002), is life and the six-year cap for the originally imposed youthful offender
sentence under section
958.04 no longer applied, Yegge's ten-year sentence, including
the minimum mandatory designation, was within the allowable sentencing range and
was legal....
...See, e.g., §§
775.082(9)(a), .084, .087.
In the instant case, Yegge was adjudicated guilty of an armed burglary,
which carries a maximum sentence of life. Because Yegge's offense involved the use
of a firearm, which is not an element of the offense, see §
810.02(2)(b), absent any
youthful offender considerations, his maximum exposure would have included the
mandatory 10/20/Life enhancement in addition to the statutory maximum life sentence.
Under the circumstances of the instant case, it is clea...
...1st DCA 1994)
(second alteration in the original) (internal quotation marks omitted).
When Yegge then committed a substantive violation of his probation,
pursuant to the second sentence of section
958.14, Yegge's new sentence could be no
"longer than the maximum sentence for" armed burglary. According to section
810.02(2), the trial court could have sentenced Yegge to life because "[b]urglary is a
felony of the first-degree, punishable by imprisonment for a term of years not exceeding
life imprisonment or as provided in s.
775.082, s.
775.083, or s.
775.084." (Emphasis
added.) Although, section
810.02(2) makes reference to section
775.084, which sets
forth sentencing enhancements for violent career criminals, habitual felony offenders,
and habitual violent felony offenders, the burglary statute contains no additional
reference to...
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the will of [the victim], contrary to F.S.
810.02(1) and F.S.
810.02(2)(a) ....” (emphasis added). The
CopyPublished | Supreme Court of Florida
13.1 BURGLARY §
810.02, Fla. Stat. Give if the information or
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 931, 1985 Fla. App. LEXIS 13297
constitutionally permissible and is properly affirmed. . §
810.02(2)(a), Fla.Stat., was amended effective October
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term of years not exceeding life imprisonment.” §
810.02(2)(a), Fla. Stat. (2017). He was also charged
