JUAN ESPINOSA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JUAN ESPINOSA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
99 So. 3d 522
Florida District Court of Appeal, Third District (2011)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Juan Espinosa (“the defendant”) appeals from an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. The trial court denied the motion on procedural grounds because of a pending appeal before this Court (case number 3D10-3415). Since then, the defendant has voluntarily dismissed his appeal in case number 3D10-3415. Accordingly, we reverse the order summarily denying the defendant’s motion, and remand for the trial court to address the merits of the defendant’s Rule 3.800 motion.
Reversed and remanded.
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Citator
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Palmer v. State, 112 So. 3d 606 (Fla. 4th DCA 2013)…illfully entering or remaining in any structure or conveyance without permission or by refusing to depart after permission has been revoked. § 810.08(1), Fla. Stat. (2012). Entry into a structure is a necessary element of the offense. C.P. v. State, 99 So. 3d 522, 524 (Fla. 3d DCA 2011). There was no evidence presented that the defendant attempted to enter either building, or that either officer believed the defendant was about to attempt entry. A “structure” may include curtilage, but the curtilage area mus…
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Espinosa v. State, 263 So. 3d 114 (Fla. 3d DCA 2018)