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135 So. 3d 306·
Fla. 1st DCA·
2012-09-28
·cited 2×
Scott Huggins was convicted of grand theft from seniors after accepting payments for roof work but failing to complete it properly. The First District Court of Appeal reversed his conviction, finding the State failed to present sufficient evidence of the requisite criminal intent
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874 So. 2d 688·
Fla. 4th DCA·
2004-05-26
·cited 2×
Y.J., a juvenile, was adjudicated delinquent for burglary and placed on probation. She appealed arguing the trial court erred in denying her motion for acquittal and abused its discretion by adjudicating her delinquent without stating facts supporting that disposition. The Fourth
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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
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648 So. 2d 310·
Fla. 1st DCA·
1995-01-10
·cited 2×
Ricky Everly appeals his conviction for burglary of an occupied dwelling, arguing the evidence was legally insufficient. The Florida First District Court of Appeal affirms, holding that the state established a prima facie case by proving unauthorized entry, lack of permission, an
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458 So. 2d 74·
Fla. 5th DCA·
1984-11-01
·cited 2×
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453 So. 2d 528·
Fla. 5th DCA·
1984-08-02
·cited 2×
Graham was charged with attempted burglary with intent to commit theft. The trial court instructed the jury that proof of stealthy, non-consensual entry could support a finding of intent to commit a crime based on a statutory presumption. The Fifth District affirmed the convictio
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44 Fla. 439·
Fla.·
1902-06-01
·cited 2×
Will Jackson was convicted of breaking and entering a dwelling house at night with intent to steal and assault. The Florida Supreme Court dismissed his writ of error because the trial court's judgment was not included in the appellate transcript and the transcript was certified i
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114 So. 3d 461·
Fla. 2d DCA·
2013-06-07
·cited 1×
Marvin Frazier was convicted of grand theft for failing to complete remodeling work on a duplex after receiving $10,000 in payments. The Florida Second District Court of Appeal reversed his conviction, holding that the State failed to prove the specific intent element required fo
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866 So. 2d 129·
Fla. 5th DCA·
2004-02-13
·cited 1×
Anthony Owens appeals the denial of his Rule 3.850 post-conviction motion claiming ineffective assistance of counsel. His trial counsel failed to properly request a jury instruction on the "claim of right" defense to theft charges, which the appellate court finds was a viable and
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M.D. Fla.·
2019-12-30
The court denied the defendant's motion for summary judgment on her counterclaim and granted partial summary judgment for the plaintiff, finding the defendant failed to establish a civil theft claim for most of the disputed property.
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164 So. 3d 802·
Fla. 1st DCA·
2015-06-08
The State appealed a trial court's decision to grant a motion for judgment of acquittal notwithstanding the verdict and reduce the defendant's burglary conviction to trespass. The appellate court reversed, holding that sufficient evidence supported the jury's burglary conviction,
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68 So. 3d 320·
Fla. 1st DCA·
2011-08-09
The court held that the state failed to produce sufficient evidence to contradict the defendant's reasonable hypothesis of innocence regarding her intent to commit theft.
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882 So. 2d 1116·
Fla. 1st DCA·
2004-09-27
Conviction for attempted armed robbery while masked reversed because trial court erred in excluding defendant's consistent statements under the rule of completeness, and the error was not harmless beyond a reasonable doubt.
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785 So. 2d 1247·
Fla. 3d DCA·
2001-06-06
A twelve-year-old juvenile was convicted of burglary after entering a home he believed belonged to his acquaintance J.M., who invited him inside. The appellate court reversed the conviction, finding that the State failed to introduce evidence inconsistent with the juvenile's inno
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740 F.2d 14·
8th Cir.·
1984-08-08
The court held that sufficient evidence supported the burglary conviction and that prosecutorial remarks were not prejudicial.
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438 So. 2d 942·
Fla. 1st DCA·
1983-10-04
The court held that the circumstantial evidence was sufficient to prove intent to commit theft during a burglary.
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172 So. 2d 504·
Fla. 3d DCA·
1965-02-23
The court held that the evidence was sufficient to prove intent to steal, supporting the larceny conviction.
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291 F.2d 220·
9th Cir.·
1961-05-31
The court held that the appellants' actions constituted a trespassory taking sufficient for a bank robbery conviction, as the bank did not consent to the appellants taking possession of the money.