Intent To Commit A Felony

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

• Owens v. State
  227 So. 2d 241· Fla. 4th DCA· 1969-09-30 ·cited 8×
  Hubert Owens was convicted of breaking and entering with intent to commit a felony and grand larceny. On appeal, the state conceded that evidence of the property's value was insufficient to support the grand larceny conviction, but argued Owens lacked standing to raise this issue
• Norris v. State
  150 Fla. 686· Fla.· 1942-06-05 ·cited 8×
  W. T. Norris was convicted of breaking and entering a building with intent to commit a felony and grand larceny. The Florida Supreme Court affirmed his conviction, finding that the night watchman's eyewitness identification was sufficient evidence to support the jury's verdict, a
• Alphonso Stuart v. State
  339 So. 2d 659· Fla. 3d DCA· 1976-10-26 ·cited 7×
  Alphonso Stuart appealed his conviction for breaking and entering with intent to commit grand larceny, arguing he was denied a speedy trial and that the trial court improperly refused to instruct the jury on criminal trespass as a lesser included offense. The appellate court affi
• United States v. Crumbley
  745 F.2d 1348· 11th Cir.· 1984-11-05 ·cited 6×
  The court held that the evidence was sufficient to sustain the appellant's conviction for entering a federally insured bank with the intent to commit a felony.
• Porter v. State
  341 So. 2d 1017· Fla. 2d DCA· 1977-01-07 ·cited 6×
  The court held that it was error to instruct the jury on entering without breaking a dwelling with intent to commit a felony because the evidence of market value was insufficient to establish grand larceny. However, the sentence is affirmed because the statutes at the time made n
• Dixon v. State
  339 So. 2d 688· Fla. 2d DCA· 1976-11-19 ·cited 6×
  The court held that the trial court must determine if the appellant is entitled to credit for jail time served.
• Lewis v. State
  296 So. 2d 575· Fla. 1st DCA· 1974-06-27 ·cited 6×
  Perry Lewis was convicted of forgery, unauthorized credit card use, and breaking and entering after confessing to police during custodial interrogation and consenting to searches of his residence and a U-Haul trailer. On appeal, Lewis challenged the admissibility of his statement
• West v. State
  289 So. 2d 758· Fla. 3d DCA· 1974-01-22 ·cited 6×
  Phillip West was convicted of breaking and entering with intent to commit grand larceny, but the appellate court found insufficient evidence of the specific intent to commit grand larceny. The court reversed and remanded for entry of a conviction for the lesser offense of breakin
• McGUIRE v. State
  288 So. 2d 271· Fla. 4th DCA· 1974-01-18 ·cited 6×
  Bessie Mae McGuire was convicted of breaking and entering with intent to commit a felony and grand larceny when she drove her fourteen-year-old son to a Lutheran Church to pick up a lawnmower he claimed to have purchased. The Florida District Court of Appeal reversed the convicti
• Girtman v. State
  270 So. 2d 380· Fla. 3d DCA· 1972-12-12 ·cited 6×
  Alonzo Girtman was convicted by jury of breaking and entering a dwelling with intent to commit aggravated battery and two counts of aggravated battery. He appealed on four procedural grounds, all of which the court rejected as either harmless error or within the trial court's dis
• Dunlap v. State
  252 So. 2d 292· Fla. 2d DCA· 1971-09-08 ·cited 6×
  Robert Dunlap was convicted by jury of breaking and entering with intent to commit a felony after allegedly abducting a child from an apartment and committing a lewd and lascivious act. On appeal, he challenged the sufficiency of evidence and the trial judge's jury instructions o
• Barber v. State
  226 So. 2d 35· Fla. 1st DCA· 1969-08-26 ·cited 6×
  This case involves three appellants charged with breaking and entering with intent to commit a felony. The appellate court reviewed their convictions and found no errors, affirming the judgments.
• Dixon v. State
  227 So. 2d 740· Fla. 4th DCA· 1969-06-23 ·cited 6×
  Wilbur Dixon appealed his conviction for breaking and entering with intent to commit a felony and stealing property worth over $100. The Fourth District Court of Appeal affirmed his conviction, holding that the trial court's jury instructions on alibi and possession of recently s
• Benitez v. State
  113 So. 2d 410· Fla. 2d DCA· 1959-06-24 ·cited 6×
  Danny Benitez and Herbert Lanis Pippin, Sr. were convicted of breaking and entering with intent to commit grand larceny and grand larceny. They appealed thirteen assignments of error, but the appellate court found no reversible error and affirmed their convictions and ten-year se
• Carr v. State
  84 Fla. 162· Fla.· 1922-08-01 ·cited 6×
  Willie Carr appeals his conviction for breaking and entering with intent to commit a felony and grand larceny. The Florida Supreme Court affirms his conviction, finding sufficient circumstantial evidence of guilt despite the conviction resting entirely on circumstantial evidence.
• Johnson v. State
  321 So. 2d 119· Fla. 1st DCA· 1975-10-31 ·cited 5×
  Jerry Lee Johnson and William Earl Ryder were charged with breaking and entering with intent to commit larceny and larceny of a firearm. They pleaded nolo contendere to the larceny charge and were placed on probation with adjudication of guilt withheld, but a clerical error in th
• Davis v. State
  90 Fla. 322· Fla.· 1925-10-08 ·cited 5×
  This case reviews the denial of a motion for a new trial for Marvin Davis and John Youngue, who were convicted of breaking and entering with intent to commit a felony and grand larceny. The appellate court affirmed the conviction, finding no error in the jury selection process.
• Gifford v. State
  355 So. 2d 436· Fla. 4th DCA· 1978-01-31 ·cited 4×
  Lewis C. Gifford was convicted of sexual battery and breaking and entering, but the Florida District Court of Appeal reversed due to improper prosecutorial comment on his right to remain silent during cross-examination and the trial court's refusal to instruct the jury on the les
• Tex Williams v. State
  309 So. 2d 630· Fla. 3d DCA· 1975-03-18 ·cited 4×
  Affirmed conviction for breaking and entering with intent to commit petit larceny; testimony that the defendant broke into office premises used and occupied by the named party satisfied the ownership requirement.
• Spratling v. State
  310 So. 2d 306· Fla. 1st DCA· 1975-03-14 ·cited 4×
  Spratling appeals the revocation of his probation following his acquittal on a second-degree murder charge. The court reversed the revocation, holding that a jury trial on a criminal charge cannot simultaneously serve as a probation revocation hearing, and that the defendant is e
• Arsenio Garcia v. State
  278 So. 2d 678· Fla. 3d DCA· 1973-05-29 ·cited 4×
  The court held that the admission of testimony regarding the defendant's prior burglaries, while potentially excessive, was harmless error given other strong evidence of guilt.
• Foster v. State
  276 So. 2d 512· Fla. 1st DCA· 1973-04-12 ·cited 4×
  Willie Foster appeals his conviction for breaking and entering with intent to commit a felony and possession of burglary tools. The Florida appellate court affirmed his conviction and concurrent sentences, holding that these offenses are distinct crimes not facets of the same tra
• Johnson v. State
  268 So. 2d 170· Fla. 1st DCA· 1972-11-02 ·cited 4×
  Johnson was convicted of breaking and entering with intent to commit grand larceny based largely on circumstantial evidence of a white powdery substance on his jacket. The appellate court reversed because the trial judge improperly excluded Johnson's ability to cross-examine the
• Balletti v. State
  261 So. 2d 510· Fla. 3d DCA· 1972-05-02 ·cited 4×
  Arthur Balletti, a private investigator hired by Ferdie Pacheco, was convicted of breaking and entering a dwelling with intent to commit petit larceny after photographing Pacheco's estranged wife with another man. The court reversed the conviction, holding that the evidence was i
• Maninger v. State
  254 So. 2d 862· Fla. 1st DCA· 1971-11-30 ·cited 4×
• Hughes v. State
  86 Fla. 202· Fla.· 1923-07-20 ·cited 4×
  This case reviews a conviction for breaking and entering a railroad depot with intent to commit a felony. The court affirmed the conviction, finding that even if the intent to commit grand larceny was not proven, the intent to commit petit larceny was sufficient for the convictio
• Crosky v. The State of Frorida
  46 Fla. 122· Fla.· 1903-06-01 ·cited 4×
  Jacob Crosky was convicted of breaking and entering a store with intent to steal property alleged to belong to W.N. Woods. The Florida Supreme Court reversed the conviction, finding a fatal variance between the indictment and evidence because the State failed to prove the stolen
• Henderson v. United States
  172 F.2d 289· D.C. Cir.· 1949-01-31 ·cited 3×
  The court held that a porch, enclosed on three sides by the building walls and accessible from the apartment, constituted part of the apartment under the statute.
• Columbus Neel v. The Honorable Nathan Mayo
  126 Fla. 869· Fla.· 1937-01-18 ·cited 3×
  In this habeas corpus proceeding, the Florida Supreme Court upheld the validity of an information charging breaking and entering a dwelling house with intent to commit false imprisonment. The court rejected the petitioner's argument that the information failed to charge a felony,
• Johnson v. State
  113 Fla. 193· Fla.· 1933-12-07 ·cited 3×
  The appellate court reversed a conviction because the trial court improperly denied the defendant's motion for a continuance. The defendant needed more time to secure material witnesses after being arraigned on the same day he was put on trial.
• Tyson v. Dugger
  547 So. 2d 240· Fla. 1st DCA· 1989-07-18 ·cited 2×
  Clarence Tyson appeals the denial of his petition for a writ of mandamus seeking administrative gain-time under Florida law. The court reversed, holding that Tyson was not ineligible for administrative gain-time merely because his armed kidnapping conviction included an intent el
• Lindsey v. State
  330 So. 2d 867· Fla. 1st DCA· 1976-04-28 ·cited 2×
  The court held that the statute defines a single offense of unlawful entry with intent to commit a misdemeanor, which can be committed in two ways (breaking and entering, or entering without breaking), and a conviction for either is valid.
• Tarantino v. State
  311 So. 2d 789· Fla. 3d DCA· 1975-04-15 ·cited 2×
• Edmondson v. State
  304 So. 2d 458· Fla. 2d DCA· 1974-12-06 ·cited 2×
  The court held that a guilty plea must have an adequate factual basis established on the record, even if voluntarily made.
• Johnson v. State
  299 So. 2d 155· Fla. 3d DCA· 1974-09-03 ·cited 2×
  The court held that the defendant's double jeopardy claim was waived by failing to raise it in the trial court.
• Taylor v. State
  287 So. 2d 128· Fla. 3d DCA· 1973-12-18 ·cited 2×
• Cobbs v. State
  270 So. 2d 388· Fla. 3d DCA· 1972-12-15 ·cited 2×
• Dockey Lee Cook v. State
  264 So. 2d 44· Fla. 2d DCA· 1972-06-14 ·cited 2×
  The appellate court affirmed the conviction because it found no reversible error in the record after a thorough examination.
• Elbert Griffin Joseph v. State
  252 So. 2d 262· Fla. 4th DCA· 1971-07-27 ·cited 2×
  Defendant Joseph was convicted of breaking and entering with intent to commit grand larceny after he stole meat from his employer's freezer. On appeal, Joseph challenges jury instructions alleging the trial judge improperly commented on the evidence by describing the specific fac
• Little v. State
  239 So. 2d 862· Fla. 1st DCA· 1970-09-29 ·cited 2×
  The court held that the circumstantial evidence was sufficient to support the conviction and that there was no fatal variance between the information and the proof.
• Thompson v. State
  207 So. 2d 692· Fla. 3d DCA· 1968-03-05 ·cited 2×
  Ernest Thompson was convicted of breaking and entering with intent to commit grand larceny in two separate incidents. The appellate court reversed in part, finding insufficient evidence of intent to commit grand larceny but affirming the lesser included offense of breaking and en
• Bonamy v. State
  205 So. 2d 707· Fla. 3d DCA· 1968-01-09 ·cited 2×
  The appellate court affirmed a conviction for possession of burglary tools but reversed a conviction for breaking and entering with intent to commit grand larceny due to a fatal variance between the charge and the evidence presented.
• Morrow v. State
  185 So. 2d 200· Fla. 3d DCA· 1966-04-19 ·cited 2×
  Gary Eugene Morrow appealed his convictions for uttering a forged instrument, breaking and entering with intent to commit a felony, and petit larceny. The appellate court affirmed the forgery conviction and the breaking and entering conviction, but reduced the breaking and enteri
• Ira Peeples v. State
  114 Fla. 459· Fla.· 1934-04-03 ·cited 2×
  The Florida Supreme Court affirmed the convictions of defendants for breaking and entering and receiving stolen property, finding that while the evidence was not the strongest, the jury had sufficient basis for conviction.
• Mills v. State
  176 So. 2d 118· Fla. 3d DCA· 1965-06-01 ·cited 1×
  The appellate court affirmed a conviction for breaking and entering, finding no reversible error in the denial of a motion to suppress palm prints or the admission of testimony about events subsequent to the offense.
• State v. Emanuel
  153 So. 2d 839· Fla. 2d DCA· 1963-05-31 ·cited 1×
  Florida appeals a trial court's order quashing an information charging Emanuel with breaking and entering and grand larceny. The court holds that a valid arrest warrant placed in a proper officer's hands commences prosecution and tolls the statute of limitations, and that a minor
• J. M. v. State
  Fla. 2d DCA· 2025-01-31
  J.M. was charged with attempted armed robbery but convicted of aggravated assault, a lesser included offense. The appellate court reversed the conviction, holding that the delinquency petition failed to allege an essential element of aggravated assault—specifically, that J.M. use
• United States v. Loonsfoot
  905 F.2d 116· 6th Cir.· 1990-05-25
  The court held that the merger doctrine does not preclude a first-degree felony-murder conviction when the underlying felony is burglary with intent to commit assault, and that the mid-trial disclosure of an exculpatory diagnosis did not violate Brady v. Maryland as the prosecuti
• Roberts v. State
  341 So. 2d 843· Fla. 1st DCA· 1977-01-28
• Albury v. State
  330 So. 2d 65· Fla. 3d DCA· 1976-03-23
  The court held that separate sentences for breaking and entering and for involuntary sexual battery are permissible when they constitute distinct acts.