WILBERT KIRKLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILBERT KIRKLAND, APPELLANT,
STATE OF FLORIDA, APPELLEE
366 So. 2d 871
Florida District Court of Appeal, Fourth District (1979)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a judgment of conviction for burglary of a structure. By information it was alleged that the appellant had burglarized a structure owned by the City of Fort Pierce. At trial no evidence was offered to establish ownership of the structure involved. Neither was there any evidence offered to show what entity operated or possessed the structure involved. Hence, the proof at trial was insufficient to sustain appellant’s conviction for burglary. Covington v. State, 359 So. 2d 563 (Fla. 4th DCA 1978). Accordingly, the judgment of conviction is reversed with directions that the appellant, Wilbert Kirkland, be discharged.
ANSTEAD and BERANEK, JJ., and SIEGENDORF, ARDEN M., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In the Interest of M.M., 571 So. 2d 112 (Fla. 4th DCA 1990)…me and must be [*113] proven as alleged in order to support a conviction for burglary. Smith v. State, 96 Fla. 30, 117 So. 377 (1928); Sifford v. State, 202 So. 2d 14 (Fla.1967); In the Interest of M.E., 370 So. 2d 795 (Fla.1979); Kirkland v. State, 366 So. 2d 871 (Fla. 4th DCA 1979) (failure to plead and prove ownership is fatal to the state’s case on burglary). The two reasons for requiring proof of ownership or custody are first, to show that the building was not the property of the accused, and second, t…1 / 2
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D.S.S. v. State, 806 So. 2d 554 (Fla. 2d DCA 2002)…he crime and must be proven as alleged in order to support a conviction for burglary. Smith v. State, 96 Fla. 30, 117 So. 377 (1928); Sifford v. State, 202 So. 2d 14 (Fla.App. 1967); In Interest of M.E., 370 So. 2d 795 (Fla.1979); Kirkland v. State, 366 So. 2d 871 (Fla. 4th DCA 1979) (failure to plead and prove ownership is fatal to the state’s case on burglary). The two reasons for requiring proof of ownership or custody are first, to show that the building was not the property of the accused, and second, t…
Authorities Cited
- Covington v. State, 359 So. 2d 563 (Fla. 4th DCA 1978)
- Farboil Co. v. Delray Pools, Inc., 359 So. 2d 563 (Fla. 4th DCA 1978)