Burglary Statute Construction

53 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Delgado v. State
  776 So. 2d 233· Fla.· 2000-08-24 ·cited 193×
  Jesus Delgado was convicted of two counts of first-degree murder and armed burglary, and sentenced to death. The Florida Supreme Court reversed, holding that the trial court erred by allowing the jury to consider a theory of burglary based on withdrawn consent after consensual en
• Toole v. State
  472 So. 2d 1174· Fla.· 1985-07-11 ·cited 125×
  The Florida Supreme Court resolved a conflict in burglary jurisprudence by clarifying that prosecutors need only prove intent to commit some offense within a structure, not a specific offense. The Court disapproved Bennett v. State to the extent it imposed an additional burden on
• State v. Hicks
  421 So. 2d 510· Fla.· 1982-10-28 ·cited 125×
  The Florida Supreme Court held that non-consent to entry is an affirmative defense to burglary, not an essential element that must be alleged in an information or indictment under Florida's 1975 burglary statute. The Court reversed the Fifth District Court of Appeal's decision th
• State v. Hamilton
  660 So. 2d 1038· Fla.· 1995-09-14 ·cited 117×
  The Florida Supreme Court held that Florida's burglary statute requires that curtilage—the grounds surrounding a dwelling or structure—be enclosed to some degree in order to fall within the scope of burglary protection. The Court answered a certified question of great public impo
• Floyd v. State
  850 So. 2d 383· Fla.· 2003-06-12 ·cited 86×
  Maurice Lamar Floyd was convicted of first-degree murder (premeditated) and sentenced to death for killing his mother-in-law, Mary Goss. The Florida Supreme Court affirmed his murder conviction and death sentence but reversed his armed burglary conviction due to a defective jury
• RAY v. State
  522 So. 2d 963· Fla. 3d DCA· 1988-03-22 ·cited 73×
  Ray was convicted of burglary after lawfully entering a victim's home, but remaining there after the victim withdrew consent by physically resisting his assault. The court held that Florida's burglary statute punishes not only unlawful entry but also remaining in a structure agai
• G.C. v. State
  560 So. 2d 1186· Fla. 3d DCA· 1990-01-30 ·cited 56×
  A fourteen-year-old juvenile was adjudicated delinquent for theft and burglary of a stolen automobile based on being a passenger in the vehicle. The appellate court reversed the theft and burglary convictions, holding that mere passive use of a stolen vehicle without dominion and
• United States v. Hammonds
  425 F.2d 597· D.C. Cir.· 1970-03-30 ·cited 54×
  The court held that the totality of counsel's omissions and errors, particularly the closing argument, constituted ineffective assistance of counsel, requiring a new trial.
• State v. Byars
  823 So. 2d 740· Fla.· 2002-07-03 ·cited 40×
  The Florida Supreme Court held that a domestic violence injunction prohibiting a defendant from entering a specific structure does not defeat the statutory "open to the public" exception to burglary under Florida law. The court reaffirmed the bright-line rule from Miller v. State
• Fitzpatrick v. State
  859 So. 2d 486· Fla.· 2003-09-11 ·cited 35×
  The Florida Supreme Court reversed Paul Fitzpatrick's first-degree murder conviction and death sentence because the jury was instructed on multiple theories of murder—premeditated murder and felony murder based on robbery and burglary—but the burglary theory was legally inadequat
• Johnson v. State
  786 So. 2d 1162· Fla.· 2001-03-29 ·cited 32×
  The Florida Supreme Court affirmed a conviction for causing bodily injury during a felony, holding that the area behind a convenience store counter could be considered not open to the public, making entry into it a potential element of burglary. This decision clarifies prior ruli
• Greer v. State
  354 So. 2d 952· Fla. 3d DCA· 1978-02-07 ·cited 32×
  R.C. Greer was convicted of burglary for unlawfully entering the parking area (curtilage) of a commercial business with intent to commit larceny. The appellate court affirmed, holding that burglary statutes apply to curtilage of commercial structures, not just dwellings.
• Ulysses Jones v. State
  415 So. 2d 852· Fla. 5th DCA· 1982-06-23 ·cited 30×
  Ulysses Jones appealed his burglary conviction, arguing the information was deficient for failing to allege non-consensual entry into the structure. The Florida Fifth District Court of Appeal affirmed the conviction, holding that while non-consensual entry is an essential element
• Foster v. State
  861 So. 2d 434· Fla. 1st DCA· 2001-10-16 ·cited 28×
  Curtis Foster was convicted of burglary under jury instructions that permitted conviction based on remaining in a structure with intent to commit theft, without requiring proof he remained surreptitiously. The Florida Supreme Court's decision in Delgado v. State required that 're
• Jimenez v. State
  810 So. 2d 511· Fla.· 2001-09-26 ·cited 28×
  The court held that the Delgado decision, which reinterpreted the burglary statute, does not apply retroactively to cases finalized before its release.
• State v. Ruiz
  863 So. 2d 1205· Fla.· 2003-12-18 ·cited 27×
  The Florida Supreme Court held that a 2001 statute (Ch. 2001-58) purporting to nullify the Delgado v. State decision on burglary does not apply retroactively to conduct occurring before February 1, 2000. The Court affirmed the Third District's reversal of burglary convictions for
• Darrin L. Bledsoe v. State
  764 So. 2d 927· Fla. 2d DCA· 2000-08-16 ·cited 24×
  Darrin Bledsoe was convicted of burglary with battery after remaining in a home and striking another guest after the homeowner withdrew her invitation. The court reversed the conviction because Florida law has evolved to hold that the 'remaining in' language of the burglary statu
• I. v. Anderson
  356 So. 2d 382· Fla. 3d DCA· 1978-03-14 ·cited 24×
  Anderson was convicted of burglary and petit larceny for breaking into a dwelling. On appeal, he challenged whether there was a fatal variance between the information (which named Van Alexander as owner/custodian) and the proof (which showed Van Alexander was a lawful tenant, wit
• Ellis v. State
  425 So. 2d 201· Fla. 5th DCA· 1983-01-19 ·cited 23×
  The court held that the information for attempted burglary was sufficient without alleging the specific offense intended to be committed within the structure.
• Johnson v. State
  737 So. 2d 555· Fla. 1st DCA· 1999-05-05 ·cited 22×
  Steve Johnson was convicted of attempted armed robbery, attempted second-degree murder, and causing bodily injury during the commission of a felony (burglary). On appeal, Johnson challenged whether the state proved burglary occurred, arguing entry into a publicly-open convenience
• Tinker v. State
  784 So. 2d 1198· Fla. 2d DCA· 2001-04-11 ·cited 21×
  The court held that erroneous jury instructions on burglary, combined with improper prosecutorial arguments misstating the law, constituted reversible error.
• Valentine v. State
  774 So. 2d 934· Fla. 5th DCA· 2001-01-05 ·cited 21×
  Ramon Valentine appeals his convictions for burglary of a conveyance with assault or battery, battery, and criminal mischief arising from an incident where he broke into and assaulted his former girlfriend in a vehicle. The court reversed and remanded due to two fundamental error
• Vazquez v. State
  350 So. 2d 1094· Fla. 3d DCA· 1977-09-27 ·cited 20×
  Francisco Vazquez was convicted of burglary and battery after breaking down his estranged wife's apartment door and striking her. The court affirmed the battery conviction but reversed the burglary conviction, holding that a spouse cannot commit burglary by entering premises poss
• Garvin v. State
  685 So. 2d 15· Fla. 3d DCA· 1996-11-13 ·cited 19×
  The court held that the movement of the restaurant manager back into the restaurant at gunpoint constituted kidnapping because it was not slight, inconsequential, or incidental to the robbery, and it lessened the risk of detection. The court also held that the burglary conviction
• Bennett v. State
  438 So. 2d 1034· Fla. 2d DCA· 1983-10-14 ·cited 18×
  When the state alleges a specific intent in a burglary charge, it must prove that specific intent, and cannot rely on statutory presumptions for unspecified intent.
• Franizy Jean-Marie v. State
  947 So. 2d 484· Fla. 3d DCA· 2006-11-15 ·cited 12×
  Jean-Marie appeals his convictions for armed burglary, possession of an altered firearm, and carrying a concealed firearm after fleeing from police and discarding a stolen firearm on residential property. The court affirmed the armed burglary and altered firearm convictions but v
• Otero v. State
  807 So. 2d 666· Fla. 4th DCA· 2001-11-14 ·cited 10×
  Rolando Otero was convicted of armed robbery, extortion, false imprisonment, and burglary after he arranged a meeting with his former lawyer, drew a gun, held him captive, and extorted money from him. The Fourth District reversed the burglary conviction, holding that an invited g
• RAY v. State
  933 So. 2d 716· Fla. 4th DCA· 2006-07-26 ·cited 6×
  Robert Ray was convicted of burglary of a dwelling after entering a neighbor's garage. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by instructing the jury on the wrong version of the burglary statute, which imprope
• Burnes v. State
  861 So. 2d 78· Fla. 3d DCA· 2003-10-29 ·cited 6×
  The court held that the Delgado decision, requiring surreptitious entry for the 'remaining in' portion of burglary, applies to crimes committed before Delgado but not yet final on appeal, and that legislative attempts to nullify Delgado were ineffective.
• United States v. Harkey
  923 F.2d 138· 9th Cir.· 1991-01-04 ·cited 6×
  The court held that its prior decision affirming the denial of sentence enhancement was erroneous in light of a new Supreme Court ruling on the definition of burglary.
• State v. Spearman
  366 So. 2d 775· Fla. 2d DCA· 1978-12-13 ·cited 6×
  The State appealed a trial court's decision dismissing a burglary charge against David Spearman who struck a homeowner at the threshold with his hand and arm extended into the residence. The appellate court reversed, holding that under Florida's burglary statute, entry includes i
• In the Interest of M. E.
  357 So. 2d 1052· Fla. 4th DCA· 1978-04-18 ·cited 6×
  In this juvenile burglary prosecution, the Fourth District Court of Appeal affirmed the conviction despite the accused arguing that the information should have charged burglary of the property owner rather than the person in possession. The court held that charging and proving th
• Florzell Antonio Dewayne Faulk v. State
  222 So. 3d 621· Fla. 1st DCA· 2017-06-19 ·cited 5×
  The court held that the trial court's failure to instruct the jury on the affirmative defense of consent to enter the vehicle constituted fundamental error, requiring reversal.
• Dubose v. State
  75 So. 3d 383· Fla. 1st DCA· 2011-11-30 ·cited 5×
  Terrell Dubose was convicted of first-degree felony murder, burglary, and shooting deadly missiles after he and his brothers fired 29 bullets into a house, killing an eight-year-old girl. On appeal, Dubose challenged the constitutionality of Florida's burglary statute, the suffic
• Ferrara v. State
  19 So. 3d 1033· Fla. 5th DCA· 2009-09-25 ·cited 5×
  Jeremy Ferrara appeals his burglary conviction for stealing a screen door and attempting to steal copper tubing from a vacant dwelling. The court affirms, holding that entry onto an attached porch to remove a screen door constitutes burglary of a dwelling, and that a carport atta
• Cladd v. State
  398 So. 2d 442· Fla.· 1981-04-30 ·cited 5×
  A husband may be guilty of burglary when he nonconsensually enters premises in the sole possession of his estranged wife with intent to commit an offense therein, because marital consortium rights do not confer an automatic right of entry that would preclude a burglary conviction
• Stenson v. State
  756 So. 2d 118· Fla. 3d DCA· 2000-02-02 ·cited 4×
  Martin Stenson appeals his conviction for burglary of an occupied dwelling with assault and simple battery. The court affirms, holding that the victim's repeated requests for the defendant to leave constituted sufficient withdrawal of consent to remain in the dwelling, transformi
• Howard v. State
  642 So. 2d 77· Fla. 3d DCA· 1994-08-31 ·cited 4×
  The court held that a burglary of a dwelling is a second-degree felony regardless of whether the dwelling is occupied or unoccupied, and the jury's finding of guilt for burglary of an unoccupied dwelling supports a conviction for a second-degree felony.
• Blanchard v. State
  909 So. 2d 352· Fla. 5th DCA· 2005-07-22 ·cited 3×
  Maurice Blanchard appeals the summary denial of his third Rule 3.850 motion, claiming he is entitled to relief based on Delgado v. State, which redefined the burglary statute's "remaining in" requirement to apply only to surreptitious remaining. The appellate court affirmed the t
• Jones v. State
  843 So. 2d 946· Fla. 4th DCA· 2003-04-09 ·cited 2×
  The inclusion of "remaining in" language in a burglary instruction is not fundamental error when the defendant has presented an implied consent argument at trial, because the jury could have properly found guilt under either a nonconsensual entry theory or a consensual entry foll
• Mejias v. State
  731 So. 2d 728· Fla. 3d DCA· 1999-03-24 ·cited 2×
  Eric Ramon Mejias appeals the denial of his postconviction motion challenging his 1995 nolo contendere plea to burglary. The appellate court reversed his burglary conviction, finding that his plea lacked a factual basis because he did not enter either a structure or its curtilage
• State v. Gonzalez
  438 So. 2d 948· Fla. 4th DCA· 1983-10-05 ·cited 1×
  The court held that the information was sufficient to charge burglary, even without alleging a specific intent to commit an offense therein.
• Napier v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-05-21
  The Court held that the due process claim was procedurally barred and that the ineffective assistance of counsel claims were properly denied by the state court.
• Kristopher Michael Goodwin v. State
  Fla. 5th DCA· 2023-06-16
  Verdicts on charges arising from the same criminal episode are not impermissibly inconsistent merely because they are logically inconsistent; they violate the rule against inconsistent verdicts only when they are legally interlocking—where an acquittal on one charge negates an el
• Moises Sanchez, JR. v. State
  Fla. 4th DCA· 2022-01-05
  The conviction for incest must be reversed due to two errors: (1) the trial court erred in allowing evidence of more than one act of intercourse without establishing a controverted issue, and (2) the trial court failed to properly instruct the jury that the prosecutrix's testimon
• Barontae Dion Roberts v. State
  240 So. 3d 883· Fla. 5th DCA· 2018-03-23
  Barontae Roberts appeals his conviction for armed burglary of a dwelling with a firearm, possession of a firearm by a convicted felon, and criminal mischief, arguing the State made improper comments during closing arguments that constituted fundamental error. The Florida District
• Newsome v. State
  19 So. 3d 1091· Fla. 4th DCA· 2009-10-07
  Aaron Newsome appeals the trial court's summary denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel regarding jury instructions on burglary, failure to communicate a plea offer, and inadequate presentation of property valuation ev
• Laster v. State
  743 So. 2d 535· Fla. 1st DCA· 1998-03-24
  The court affirmed convictions for armed robbery and shooting but reversed the burglary conviction because the convenience store was open to the public at the time, which is a complete defense under Florida Statute § 810.02(1).
• R.L.B. v. State
  703 So. 2d 1245· Fla. 5th DCA· 1998-01-09
  A juvenile was adjudicated guilty of burglary and petit theft. The appellate court affirmed the admission of the juvenile's confession under the corpus delicti rule and the length of community control imposed, but reversed and remanded because the trial court improperly entered a
• State v. R.J.
  423 So. 2d 1014· Fla. 4th DCA· 1982-12-29
  The court held that non-consent is not an essential element of burglary, overturning the trial court's dismissal based on prior case law.