LUCIUS SEALEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1980-01-30
No. 79-1366
GRIMES, C. J., and SCHEB and OTT, JJ., concur.
379 So. 2d 430 Florida District Court of Appeal, Second District (1980) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. We agree with the decisions of the First, Third, and Fourth District Courts of Appeal that Section 810.011(1), Florida Statutes, extends the application of curtilage to the area surrounding any building, not just a dwelling, for purposes of defining a burglary. Tobler v. State, 371 So. 2d 1043 (Fla. 1st DCA 1979); DeGeorge v. State, 358 So. 2d 217 (Fla. 4th DCA 1978); Greer v. State, 354 So. 2d 952 (Fla. 3d DCA 1978).

GRIMES, C. J., and SCHEB and OTT, JJ., concur.


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Cited By

  • State v. Hamilton, 660 So. 2d 1038 (Fla. 1995)
    …, 31 Me. at 527. . The district courts have also, consistent with the current burglary statute, extended the application of curtilage to the area surrounding any building, not just a dwelling, for purposes of defining burglary. See Sealey v. State, 379 So. 2d 430 (Fla. 2d DCA 1980); Tobler v. State, 371 So. 2d 1043 (Fla. 1st DCA), cert. denied, 376 So. 2d 76 (Fla.1979); Greer v. State, 354 So. 2d 952, 953 (Fla. 3d DCA 1978); DeGeorge v. State, 358 So. 2d 217, 220 (Fla. 4th DCA 1978). . It would also be unwo…
  • T.J.T. v. State, 460 So. 2d 508 (Fla. 3d DCA 1984)
    …t. (1983), provides that "Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. The "curtilage” has been defined as the area surrounding any building. Sealey v. State, 379 So. 2d 430 (Fla. 2d DCA 1980); Greer v. State, 354 So. 2d 952 (Fla. 3d DCA 1978). . E.g., Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980); Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980); J.H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979), cert. denied, 379…
  • Hunt v. State, 394 So. 2d 521 (Fla. 3d DCA 1981)
    …PER CURIAM. Affirmed. O. A. v. State, 393 So. 2d 604 (Fla. 3d DCA 1980) (Case No. 78-2065, opinion filed January 27,1981); Sealey v. State, 379 So. 2d 430 (Fla. 2d DCA 1980); Tobler v. State, 371 So. 2d 1043 (Fla. 1st DCA 1979); DeGeorge v. State, 358 So. 2d 217 (Fla. 4th DCA 1978); Greer v. State, 354 So. 2d 952 (Fla. 3d DCA 1978).…

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