Intent To Commit A Felony

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

• Simmons v. State
  200 So. 2d 619· Fla. 1st DCA· 1967-06-22 ·cited 18×
  Appellants Simmons and McPherson were convicted of breaking and entering with intent to commit a felony and sentenced to imprisonment. On appeal, the trial court reporter died before the trial transcript could be prepared, making it impossible to create a complete record. The cou
• Hawkins v. State
  184 So. 2d 486· Fla. 1st DCA· 1966-03-15 ·cited 18×
  The court held that the trial court abused its discretion by denying the motion for continuance, as it violated the defendants' fundamental right to effective assistance of counsel.
• Pells v. State
  20 Fla. 774· Fla.· 1884-06-01 ·cited 18×
  The Florida Supreme Court reversed William Pells' burglary conviction because the indictment fatally failed to allege the ownership of the building that was burglarized, violating a well-settled rule of criminal procedure that the owner's name must be stated with accuracy in burg
• Falstreau v. State
  326 So. 2d 194· Fla. 4th DCA· 1976-02-06 ·cited 17×
  Matthew Falstreau was convicted by jury of breaking and entering with intent to commit rape and aggravated assault as a lesser included offense of rape. The court held that aggravated assault was fundamental error as a conviction because it was not alleged in the indictment and d
• United States v. Barnett
  587 F.2d 252· 5th Cir.· 1979-01-08 ·cited 16×
  The court held that the statutes were constitutional and provided fair warning, expert testimony was properly admitted, evidence was sufficient, and the sentencing procedure complied with due process requirements.
• Rodgers v. State
  325 So. 2d 48· Fla. 2d DCA· 1975-12-03 ·cited 16×
  Ronald Rodgers was convicted on nine counts for his participation in a jewelry store robbery, hostage-taking, and related offenses. The Florida appellate court affirmed most convictions but vacated the verdicts on Counts 5 and 6 because the jury instruction on lesser-included off
• Miller v. State
  76 Fla. 518· Fla.· 1918-12-05 ·cited 16×
  Malcolm Miller and Geodfrey Baron were convicted in Okaloosa County Circuit Court of breaking and entering a building with intent to commit a felony. On writ of error to the Florida Supreme Court, the defendants challenged various jury instructions and evidentiary rulings. The co
• Clifton v. State
  26 Fla. 523· Fla.· 1890-06-01 ·cited 16×
  The Florida Supreme Court affirmed a conviction for breaking and entering a building at night with intent to commit a felony. The court found that the trial judge's jury instructions, when considered as a whole, correctly stated the law, and that the evidence was sufficient to su
• United States v. Brown
  412 F.2d 381· 8th Cir.· 1969-06-16 ·cited 15×
  The court held that a note threatening death, even without a displayed weapon, can constitute intimidation sufficient for an attempted bank robbery conviction under 18 U.S.C. § 2113(a).
• Chandler Jones and S. Macie Jackson v. State
  187 So. 2d 915· Fla. 2d DCA· 1966-06-01 ·cited 15×
  The court held that the jury instruction regarding exclusive possession of stolen property, when considered with other instructions, did not constitute fundamental error, and the ownership of the stolen property was sufficiently proven for the charge.
• Gus R. Dedge v. State
  128 Fla. 343· Fla.· 1937-06-02 ·cited 15×
  Gus Dedge was convicted of breaking and entering a dwelling with intent to commit grand larceny and sentenced to ten years. The Florida Supreme Court reversed the conviction, finding the evidence of identity was insufficient, the circumstantial evidence was weak and unconvincing,
• Tubb v. Mayo
  128 Fla. 190· Fla.· 1937-05-10 ·cited 15×
  Petitioner challenged his conviction for breaking and entering with intent to commit felony larceny, arguing the conviction was void because the trial court imposed a sentence for a non-existent crime ("breaking and entering and petit larceny"). The Florida Supreme Court held tha
• Fasenmyer v. State
  383 So. 2d 706· Fla. 1st DCA· 1980-05-01 ·cited 14×
  Fasenmyer appeals his convictions for breaking and entering with intent to commit a felony, grand larceny, and use of a firearm in commission of a felony. The appellate court reverses and remands for a new trial based on two trial court errors: admission of irrelevant testimony a
• Newsome v. State
  355 So. 2d 483· Fla. 2d DCA· 1978-02-24 ·cited 14×
  The court held that the trial court erred in restricting the number of peremptory challenges and in refusing a requested jury instruction on circumstantial evidence, requiring reversal.
• Tyre Andre Jermaine Angel v. State
  305 So. 2d 283· Fla. 1st DCA· 1974-12-19 ·cited 14×
  Tyre Angel was convicted by jury of breaking and entering with intent to commit petit larceny and grand larceny. The appellate court reversed the grand larceny conviction due to inadmissible hearsay evidence regarding the calculator's value and vacated both sentences for failure
• Taft Douglas, Jr. v. State
  216 So. 2d 82· Fla. 3d DCA· 1968-11-26 ·cited 14×
  Taft Douglas, Jr. appealed his conviction for breaking and entering a dwelling with intent to commit felony larceny, arguing that the trial court abused its discretion by denying his request for a continuance when his newly appointed public defender had insufficient time to prepa
• Haines v. State
  113 So. 2d 601· Fla. 2d DCA· 1959-07-08 ·cited 14×
  John Haines was convicted of breaking and entering with intent to commit a felony and grand larceny, but the Florida appellate court reversed because the state failed to prove the alleged owner of the property, creating a fatal variance between the charges and the evidence presen
• Collinsworth v. State
  82 Fla. 291· Fla.· 1921-10-19 ·cited 14×
  John Collinsworth was convicted of breaking and entering a store building with intent to commit a misdemeanor. He appealed to the Florida Supreme Court, raising multiple assignments of error regarding evidence admissions and jury instructions, but the court affirmed the convictio
• Brown v. State
  294 So. 2d 128· Fla. 3d DCA· 1974-01-29 ·cited 13×
  Theodore Brown was convicted of grand larceny and breaking and entering with intent to commit a felony after a jury trial. He appealed, challenging the trial court's denial of his motion for directed verdict of acquittal, but the appellate court affirmed the conviction based on s
• Lucas v. Louie L. Wainwright
  604 F.2d 373· 5th Cir.· 1979-10-11 ·cited 12×
  The court held that the petitioner received reasonably effective assistance of counsel, and therefore his petition for habeas corpus was correctly denied.
• McEVER v. State
  352 So. 2d 1213· Fla. 2d DCA· 1977-11-23 ·cited 12×
  Arnold Jefferson McEver III and Betty Lou Haber were convicted of first degree murder for hiring James Joseph Brandt to kill Albert Haber. The appellate court affirmed their convictions despite finding the felony-murder jury instruction defective, holding that the error was harml
• Gayle v. State
  258 So. 2d 455· Fla. 1st DCA· 1972-02-17 ·cited 12×
  The court held that the circumstantial evidence was insufficient to prove the defendant's guilt beyond a reasonable doubt, as it only established association, not participation.
• Marsh v. State
  202 So. 2d 222· Fla. 3d DCA· 1967-09-12 ·cited 12×
  Alan Stewart Marsh, Sr. was convicted of breaking and entering and grand larceny after police found a stolen safe in his automobile. The Florida District Court of Appeal, Third District reversed and remanded for a new trial, holding that prosecutorial misconduct—specifically, lay
• Isaac v. State
  134 So. 2d 38· Fla. 2d DCA· 1961-11-03 ·cited 12×
  Isaac was convicted of breaking and entering a storehouse with intent to commit a misdemeanor (petit larceny), having been charged with the felony version. He appealed arguing insufficient evidence of breaking. The appellate court affirmed, holding that breaking and entering with
• Pflegl v. State
  93 So. 2d 75· Fla.· 1957-02-20 ·cited 12×
  Pflegl was convicted of breaking and entering a filling station with intent to commit a felony and sentenced to three years. The Florida Supreme Court affirmed, holding that the warrantless arrest was lawful based on probable cause established by an informant's tip and the discov
• Lewis v. The Honorable Nathan Mayo
  127 Fla. 488· Fla.· 1937-03-22 ·cited 12×
  Nathan Lewis sought habeas corpus relief after pleading guilty to breaking and entering with intent to commit rape. The Florida Supreme Court held that while the indictment and guilty plea were valid, the sentencing judgment was defective for failing to include the element 'with
• Lamps v. State
  51 Fla. 51· Fla.· 1906-01-01 ·cited 12×
  Ross Lamps was convicted of breaking and entering a dwelling house at night with intent to commit larceny. On appeal, Lamps challenged the sufficiency of evidence supporting the jury verdict. The Florida Supreme Court affirmed the conviction, holding that circumstantial evidence
• Dara v. State
  278 So. 2d 334· Fla. 3d DCA· 1973-05-29 ·cited 11×
  Two appellants convicted of grand larceny and breaking and entering appealed on grounds including denial of directed verdict and failure to bring them to trial within 180 days. The court affirmed both convictions, finding the 180-day rule claim forfeited because the defendant fai
• Boyer v. State
  182 So. 2d 19· Fla. 4th DCA· 1966-01-11 ·cited 11×
  This case reviews a defendant's conviction for multiple felonies, including robbery. The appellate court affirmed the conviction, holding that compelling a defendant to speak for identification in a police lineup and allowing testimony about their voice does not violate the privi
• Kirkland v. State
  82 Fla. 118· Fla.· 1921-07-13 ·cited 11×
  Kirkland and Hale appealed their conviction for grand larceny of approximately $1,000 in merchandise stolen from a store. The Florida Supreme Court affirmed the conviction, holding that circumstantial evidence of the defendants' connection to recently stolen property, combined wi
• Eaton v. State
  307 So. 2d 915· Fla. 3d DCA· 1975-01-21 ·cited 10×
  Appellants Eaton and Pierce were convicted of entering a building without breaking with intent to commit grand larceny after being apprehended inside a meat warehouse. The Florida appellate court affirmed their convictions, holding that circumstantial evidence—including their pre
• McHANEY v. State
  295 So. 2d 355· Fla. 1st DCA· 1974-06-04 ·cited 10×
  The court reversed in part a conviction where the defendant received consecutive sentences for breaking and entering with intent to commit grand larceny and grand larceny. The court held that because these crimes constitute a single criminal transaction, the defendant may only be
• von Eberstein v. State
  270 So. 2d 444· Fla. 1st DCA· 1972-11-02 ·cited 10×
  Von Eberstein sought to overturn his conviction for breaking and entering with intent to commit grand larceny through a collateral attack, arguing insufficient evidence of the required intent element. The court held that a conviction without proof of an essential element violates
• Barber v. State
  243 So. 2d 2· Fla. 2d DCA· 1971-01-15 ·cited 10×
  Henry Cleveland Barber appeals his conviction for breaking and entering with intent to commit grand larceny, challenging the trial court's denial of his motion to strike testimony concerning a building at a different address than that specified in the bill of particulars. The cou
• Hiram Cazes Parnell v. State
  204 So. 2d 910· Fla. 3d DCA· 1967-12-05 ·cited 10×
  The court held that the search warrant affidavit was insufficient because it failed to set forth specific facts supporting the affiant's belief that stolen property was on the premises, rendering the search unlawful.
• Birchie Collins v. Louie L. Wainwright
  146 So. 2d 97· Fla.· 1962-10-31 ·cited 10×
  The Florida Supreme Court discharged a petitioner from confinement after finding he was illegally tried at 18 years old without proper notice to his parents. The court remanded him for further proceedings.
• Peyton Cooper v. State
  83 Fla. 34· Fla.· 1922-01-23 ·cited 10×
  The Florida Supreme Court reviewed a conviction for breaking and entering. The court held that pushing open a latched door constitutes a sufficient breaking for conviction and that the defendant's inconsistent explanations for possessing stolen goods could be disbelieved by the j
• Jackson v. State
  49 Fla. 3· Fla.· 1905-01-01 ·cited 10×
  Three defendants were convicted of breaking and entering a smokehouse with intent to commit felony theft of bacon. On appeal, they challenged the sufficiency of evidence, but the Florida Supreme Court affirmed their convictions, finding sufficient evidence of guilt based on posse
• May v. State
  40 Fla. 426· Fla.· 1898-06-01 ·cited 10×
  The Florida Supreme Court affirmed the conviction of A. D. May, Sarah May, Joseph Sanders, and Ann J. Sanders for breaking and entering a dwelling house with intent to commit a felony. The court held that pushing open a closed but unfastened door constitutes a sufficient 'breakin
• Pettigrew v. State
  295 So. 2d 672· Fla. 4th DCA· 1974-06-07 ·cited 9×
  The court held that breaking and entering with intent to commit a felony and the commission of that felony are two separate and distinct substantive crimes.
• Adams v. State
  242 So. 2d 723· Fla. 1st DCA· 1971-01-12 ·cited 9×
  The court held that the evidence was insufficient to prove the value of the stolen television set at the time of the theft, thus failing to establish intent to commit grand larceny.
• Foster v. State
  220 So. 2d 406· Fla. 3d DCA· 1969-02-25 ·cited 9×
  Foster and Kirkland were convicted of breaking and entering with intent to commit grand larceny, but the appellate court found insufficient evidence of actual entry. The court reversed and remanded for conviction on the lesser included offense of attempted breaking and entering.
• Johnson v. State
  338 So. 2d 252· Fla. 1st DCA· 1976-10-13 ·cited 8×
  Gary Johnson appeals his convictions for breaking and entering with intent to commit a felony and larceny of a firearm, challenging the trial court's exclusion of testimony regarding bias of a key witness and the imposition of a single sentence for two separate counts.
• Clark v. State
  337 So. 2d 858· Fla. 2d DCA· 1976-10-06 ·cited 8×
  Clark was convicted of breaking and entering with intent to commit felony grand larceny and grand larceny from a doctor's office. The Florida appellate court reversed because a police officer improperly testified that Clark had been arrested for heroin sale and possession, which
• Whilden v. State
  301 So. 2d 35· Fla. 1st DCA· 1974-10-03 ·cited 8×
  Whilden was convicted of an offense that does not exist in law—"breaking and entering or entering without breaking with intent to commit a misdemeanor." The appellate court affirmed the conviction's validity while remanding to enter judgment on the lesser included offense the jur
• Kirkland v. State
  299 So. 2d 54· Fla. 1st DCA· 1974-08-20 ·cited 8×
  The court held that separate sentences for breaking and entering, possession of burglary tools, and larceny arising from the same criminal transaction are impermissible; only the sentence for the highest offense should be imposed.
• Gelis v. State
  249 So. 2d 509· Fla. 2d DCA· 1971-06-16 ·cited 8×
  Charles Arthur Gelis appealed his conviction for breaking and entering with intent to commit grand larceny and grand larceny itself. The court found that the affidavit supporting the search warrant failed to meet statutory requirements by not setting forth specific facts underlyi
• Wells v. State
  249 So. 2d 507· Fla. 3d DCA· 1971-06-15 ·cited 8×
  David Wells appealed his conviction for breaking and entering with intent to commit felony grand larceny, challenging the sufficiency of the evidence. The court held that a motion for new trial based on insufficiency of evidence is a prerequisite to appellate review of sufficienc
• COX v. State
  243 So. 2d 611· Fla. 3d DCA· 1971-01-26 ·cited 8×
  Richard Edward Cox challenges his convictions and sentences on remand following reversal of his initial convictions. The court reverses the life sentence for breaking and entering (previously five years) as violating the prohibition on increased punishment following successful ap
• Roundtree v. State
  236 So. 2d 140· Fla. 3d DCA· 1970-06-02 ·cited 8×
  Appellants convicted of attempted breaking and entering with intent to commit grand larceny; sufficiency of evidence challenge rejected where testimony established corporate ownership and presence of merchandise exceeding $75,000.