Intent To Commit A Felony

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

• Bates v. State
  78 Fla. 672· Fla.· 1919-12-17 ·cited 142×
  Henry Bates was convicted of breaking and entering with intent to commit a felony based primarily on alleged admissions made while under arrest. The Florida Supreme Court reversed the conviction, finding the trial court erred by failing to conduct a proper in camera hearing on th
• Ciro Estevez v. State
  313 So. 2d 692· Fla.· 1975-02-26 ·cited 107×
  Florida Supreme Court affirms that breaking and entering with intent to commit grand larceny and grand larceny are separate offenses, not facets of the same transaction, permitting imposition of separate sentences for both convictions. The decision resolves conflicting interpreta
• Simpson v. State
  81 Fla. 292· Fla.· 1921-03-08 ·cited 92×
  Joe Simpson was convicted of breaking and entering a dwelling house with intent to commit rape based on circumstantial evidence of the breaking and entering itself, plus the presence of a woman in the house. The Florida Supreme Court reversed, holding that specific intent is an e
• Cameron v. State
  112 So. 2d 864· Fla. 1st DCA· 1959-05-12 ·cited 90×
  Cameron and Pless were convicted of breaking and entering with intent to commit felony and grand larceny after stolen property was seized from their automobile following their arrest by a highway patrolman. The appellate court upheld the search and seizure and reversed only as to
• Gerds v. State
  64 So. 2d 915· Fla.· 1953-05-05 ·cited 85×
  Melvin Gerds was convicted of breaking and entering with intent to commit rape and sentenced to five years. The Florida Supreme Court reversed because the trial court failed to properly instruct the jury on the critical element of intent, violating due process protections.
• Davis v. State
  90 Fla. 317· Fla.· 1925-10-08 ·cited 82×
  Four men were convicted of breaking and entering with intent to commit a misdemeanor and petty larceny after confessing to the crimes. The Florida Supreme Court affirmed their convictions, rejecting challenges to the admission of their confessions and other trial errors.
• Robles v. State
  188 So. 2d 789· Fla.· 1966-07-08 ·cited 78×
  Alfonso Robles was convicted of first-degree murder under Florida's felony-murder rule for stabbing to death Jean Sterne's daughter during a burglary of the victim's apartment. The Florida Supreme Court reversed and remanded for a new trial, holding that the trial court failed to
• Foster v. State
  286 So. 2d 549· Fla.· 1973-12-05 ·cited 72×
  The Florida Supreme Court reversed the District Court of Appeal's decision affirming concurrent sentences for breaking and entering with intent to commit a felony and possession of burglary tools. The Court held that when a burglary tool (a screwdriver) is an integral part of the
• Gilford v. State
  313 So. 2d 729· Fla.· 1975-04-09 ·cited 70×
  The Florida Supreme Court held that a trial court properly refused to instruct the jury on a lesser included offense (petit larceny) when the evidence presented supported only the greater offense (felony breaking and entering with intent to commit grand larceny). The Court clarif
• James Parish v. State
  98 Fla. 877· Fla.· 1929-11-13 ·cited 68×
  The Florida Supreme Court reversed a conviction for breaking and entering with intent to commit larceny, finding that the circumstantial evidence presented was insufficient to prove guilt beyond a reasonable doubt. The court emphasized that circumstantial evidence must be inconsi
• Bell v. State
  90 So. 2d 704· Fla.· 1956-11-21 ·cited 65×
  Bell and Clemons appealed their convictions for breaking and entering with intent to commit felony and grand larceny, challenging the trial judge's denial of their motion for a new trial based on an accomplice's affidavit recanting his trial testimony. The Florida Supreme Court a
• Coy Kelly v. State
  202 So. 2d 901· Fla. 2d DCA· 1967-10-06 ·cited 61×
  Two defendants appealed their convictions for breaking and entering a dwelling with intent to commit a felony, arguing the trial court erred in allowing prejudicial police testimony and in admitting evidence from a warrantless automobile search. The Second District Court of Appea
• Ellis Edmond v. State
  280 So. 2d 449· Fla. 2d DCA· 1973-06-27 ·cited 59×
  Ellis Edmond was convicted of breaking and entering with intent to commit a felony, possession of burglary tools, and grand larceny in a single criminal episode at a McDonald's restaurant. The Florida District Court of Appeal affirmed the conviction on the most serious charge but
• State v. Matney
  236 So. 2d 166· Fla. 1st DCA· 1970-06-09 ·cited 46×
  The State appeals the trial court's dismissal of criminal charges against the defendants based on the trial court's order requiring disclosure of a confidential informant's identity, which the State refused to provide. The appellate court holds that the trial court abused its dis
• Barber v. State
  52 Fla. 5· Fla.· 1906-06-01 ·cited 46×
  Joseph Barber was convicted of assault with intent to commit murder for shooting Thomas Hughey in the leg. On appeal, Barber challenged the sufficiency of the indictment, but the Florida Supreme Court affirmed the conviction, holding that the indictment substantially complied wit
• State v. Owens
  233 So. 2d 389· Fla.· 1970-03-25 ·cited 42×
  The Florida Supreme Court rejected a District Court of Appeal's decision that allowed a defendant to challenge the sufficiency of evidence on appeal without filing a motion for new trial in the trial court. The Court held that Florida law and appellate rules require a motion for
• State v. Johnson
  284 So. 2d 198· Fla.· 1973-10-10 ·cited 41×
  The Florida Supreme Court held that police reports may be admitted for impeachment purposes during cross-examination, but only in restricted circumstances where the point is critical to the defense, material, and based on positive statements in the report that the witness flatly
• Smith v. State
  194 So. 2d 310· Fla. 1st DCA· 1966-12-06 ·cited 38×
  Two brothers were convicted of breaking and entering with intent to commit felony and grand larceny for allegedly stealing items from an unoccupied home. The Florida appellate court reversed both convictions due to insufficient circumstantial evidence against one defendant and pr
• State v. Conrad
  243 So. 2d 174· Fla. 4th DCA· 1971-01-27 ·cited 36×
  Florida appealed the dismissal of a felony charge for breaking and entering with intent to commit larceny. The trial court had dismissed the charge based on a prior municipal court conviction for unauthorized use of the same automobile, reasoning that both offenses arose from the
• Channell v. State
  107 So. 2d 284· Fla. 2d DCA· 1958-10-01 ·cited 35×
  A judgment of conviction for receiving stolen property is materially defective if it omits the element that the accused knew the goods were stolen; verdicts containing reference to specific counts (e.g., 'as to Count II') are responsive to charges when construed in light of the i
• Hoyle E. Turknett v. State
  116 Fla. 562· Fla.· 1934-09-20 ·cited 35×
  The court reversed a conviction for attempted breaking and entering with intent to commit a felony because the state failed to prove the intent to steal property of a certain value. The case highlights the necessity of proving all elements of a crime, including intent, for a vali
• Granquist v. State
  86 Fla. 32· Fla.· 1923-06-14 ·cited 34×
  This case reviews a conviction for breaking and entering. The appellate court affirmed the conviction because the defendant failed to properly present his bill of exceptions within the legally allowed timeframe, rendering the appellate review of the evidence and jury charge impos
• Robinson v. State
  393 So. 2d 33· Fla. 1st DCA· 1981-01-16 ·cited 32×
  A defendant's acquittal on charges of sexual battery and use of a firearm does not preclude a conviction for burglary of a dwelling if the jury finds the defendant entered with the intent to commit a felony.
• State v. Smith
  249 So. 2d 16· Fla.· 1971-05-12 ·cited 31×
  The Supreme Court held that an appellate court cannot reverse a jury's verdict if the evidence supports the conviction and the trial was free of error, even if the appellate court perceives 'indicators of doubt'.
• Smith v. State
  365 So. 2d 405· Fla. 3d DCA· 1978-12-05 ·cited 28×
  Al Smith appeals his conviction for breaking and entering a dwelling with intent to commit sexual battery and sexual battery by threat/force. The court affirmed his conviction on the breaking and entering charge but reversed his sexual battery conviction because he was convicted
• Chester v. State
  276 So. 2d 76· Fla. 2d DCA· 1973-04-13 ·cited 27×
  The appellate court affirmed a conviction for breaking and entering, holding that the trial court did not err in excluding alibi testimony. The exclusion was proper because the defendant failed to comply with procedural rules for presenting alibi evidence and because the issue of
• Edwards v. State
  213 So. 2d 274· Fla. 3d DCA· 1968-08-13 ·cited 27×
  The court held that the evidence was sufficient to infer the requisite intent for petit larceny, supporting the conviction.
• Swartz v. State
  316 So. 2d 618· Fla. 1st DCA· 1975-07-14 ·cited 26×
  The appellants were convicted of possession of burglary tools and appealed on the validity of a search warrant used to search an automobile. The Florida First District Court of Appeal held that the new Florida Constitution requires probable cause to be supported by affidavit alon
• Hernandez
  305 So. 2d 211· Fla. 3d DCA· 1974-12-17 ·cited 26×
  Sergio Hernandez appealed his conviction for breaking and entering with intent to commit a felony and assault with intent to commit murder in the second degree, arguing the circumstantial evidence was insufficient to support a conviction. The Florida appellate court affirmed the
• Platt v. State
  291 So. 2d 96· Fla. 2d DCA· 1974-03-06 ·cited 26×
  Two appellants convicted of breaking and entering with intent to commit grand larceny challenged their convictions on due process and insufficiency of evidence grounds. The court affirmed one burglary conviction but reversed the other, holding that intent to commit grand larceny
• Smith v. State
  239 So. 2d 284· Fla. 2d DCA· 1970-08-12 ·cited 26×
  Cecil Smith was convicted of rape based solely on the uncorroborated testimony of the complainant. The Florida appellate court reversed and remanded for a new trial, holding that while the complainant's testimony technically proved every element of rape, the record contained subs
• Rhoden v. State
  227 So. 2d 349· Fla. 1st DCA· 1969-10-23 ·cited 26×
  Three defendants were jointly tried and convicted of grand larceny and breaking and entering. The appellate court reversed convictions for Rhoden and Hendrickson due to insufficient circumstantial evidence, but affirmed Wiggins' conviction where his own testimony established his
• Young v. State
  203 So. 2d 650· Fla. 4th DCA· 1967-11-14 ·cited 26×
  Robert E. Young was convicted of breaking and entering with intent to commit a felony based on a jury instruction allowing an inference of guilt from his unexplained possession of stolen property. The Florida District Court of Appeal reversed, holding that the instruction violate
• Evans v. State
  197 So. 2d 323· Fla. 3d DCA· 1967-04-04 ·cited 26×
  Kathy Lou Evans was convicted of breaking and entering with intent to commit robbery and robbery. She appealed challenging the denial of her motion requiring the state to elect which crime to prosecute, the validity of her sentence, denial of a preliminary hearing, the sufficienc
• Damico v. State
  153 Fla. 850· Fla.· 1943-12-21 ·cited 26×
  Joseph Damico was convicted of breaking and entering with intent to commit grand larceny. The Florida Supreme Court affirmed the conviction, rejecting claims that the trial court erred in denying a commission to take testimony of a nonresident witness, allowing attorney testimony
• Vickers v. State
  303 So. 2d 700· Fla. 1st DCA· 1974-11-14 ·cited 25×
  The court held that the owners' testimony regarding the value of stolen property was sufficient to establish the requisite value for the crime charged.
• Edwards v. State
  297 So. 2d 619· Fla. 1st DCA· 1974-07-16 ·cited 24×
• Grech v. State
  243 So. 2d 216· Fla. 3d DCA· 1971-01-19 ·cited 24×
  Salvatore Grech was convicted by jury of breaking and entering, robbery, and aggravated assault. He appealed on multiple grounds including improper jury exclusion based on religious observance, denial of severance, and evidentiary issues. The appellate court affirmed the convicti
• Albritton v. State
  137 Fla. 20· Fla.· 1939-03-21 ·cited 24×
  Henry Albritton was convicted of being an accessory before the fact to grand larceny. He appealed arguing that a prior acquittal on a charge of breaking and entering with intent to commit grand larceny barred prosecution under the double jeopardy doctrine (autrefois acquit). The
• Findley v. State
  124 Fla. 447· Fla.· 1936-06-01 ·cited 23×
  The appellate court reversed a conviction for breaking and entering because the trial court made several evidentiary errors. These included admitting testimony about other break-ins without proof the defendant was involved and allowing hearsay testimony about the defendant being
• Ciro Estevez v. State
  290 So. 2d 138· Fla. 3d DCA· 1974-02-26 ·cited 22×
  Estevez was convicted of breaking and entering a dwelling with intent to commit grand larceny and grand larceny itself, receiving concurrent three-year sentences. On appeal, he challenged the sufficiency of evidence and the imposition of multiple sentences for crimes arising from
• State v. Bennie Jackson and Henry Fisher
  281 So. 2d 353· Fla.· 1973-06-06 ·cited 22×
  A telephone booth that is enclosed with walls and roof is a building within the meaning of Florida's burglary statute, but breaking and entering it constitutes an unlawful trespass only when the owner's lack of consent is established; implied consent to enter a public telephone b
• Williams v. State
  259 So. 2d 753· Fla. 1st DCA· 1972-03-30 ·cited 22×
  Robert Earl Williams challenged his guilty plea conviction for breaking and entering and a contempt citation for perjury. The Florida First District Court of Appeal affirmed his guilty plea conviction after finding it was voluntary and the result of proper plea bargaining with co
• Kiefer v. State
  295 So. 2d 688· Fla. 2d DCA· 1974-06-05 ·cited 20×
  Appellant's conviction must be vacated because the trial judge failed to affirmatively offer him the opportunity to withdraw his plea when the judge could not honor the plea bargain condition that probation would be granted if the pre-sentence investigation was favorable.
• White v. State
  274 So. 2d 6· Fla. 4th DCA· 1973-02-28 ·cited 20×
  Ernest White was convicted of breaking and entering with intent to commit grand larceny and petit larceny. The appellate court reversed the conviction on count one, finding insufficient evidence of intent to commit grand larceny, and remanded for entry of appropriate judgments an
• Wright v. State
  251 So. 2d 890· Fla. 1st DCA· 1971-09-07 ·cited 20×
  The court held that the admission of testimony regarding the defendant's silence during interrogation was harmless error, and that the owner's testimony on market value and the warrantless sighting of the vehicle were permissible.
• McNair v. State
  61 Fla. 35· Fla.· 1911-01-01 ·cited 20×
  The court reversed a conviction for entering a building with intent to steal, finding that the evidence did not sufficiently prove the required criminal intent. The defendant's intoxication and the circumstances of his entry suggested he was seeking a place to sleep off his drunk
• Hardrick v. State
  293 So. 2d 135· Fla. 2d DCA· 1974-04-19 ·cited 18×
  Appellant Hardrick appeals the revocation of his probation and resulting 15-year sentence for breaking and entering a telephone booth and concurrent 5-year sentence for grand larceny. The court affirmed the revocation but remanded because the trial court illegally imposed concurr
• Foster v. State
  255 So. 2d 533· Fla. 1st DCA· 1971-12-07 ·cited 18×
  Willie Foster was convicted of breaking and entering with intent to commit a felony and possession of burglary tools. The appellate court reversed because the trial court failed to rule on Foster's pretrial motion to suppress evidence before trial began and then admitted extensiv
• Footman v. State
  203 So. 2d 356· Fla. 2d DCA· 1967-10-25 ·cited 18×
  Charlie Prince Footman, Jr. was convicted of breaking and entering a commercial building with intent to commit a felony and grand larceny, receiving two consecutive five-year sentences. The court affirmed the consecutive sentences, holding that breaking and entering and larceny c