STATE OF FLORIDA, APPELLANT,
v.
ANTHONY GONZALEZ, APPELLEE; STATE OF FLORIDA, APPELLANT, V. SALUSTIANO CRUZ, APPELLEE
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The court held that the information was sufficient to charge burglary, even without alleging a specific intent to commit an offense therein.
Appellees were charged with burglary. Their motions to dismiss the information for failure to allege intent to commit a specific offense were granted …
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HERSEY, Judge.
Anthony Gonzalez and Salustiano Cruz were charged with burglary by an information which alleged that these appellees “did unlawfully and stealthily enter a structure located at 315 Southeast Sixth Avenue, Fort Lauderdale, property of Fort Lauder-dale Historical Society, Inc., (Florida Non Profit Corporation) d/b/a Pioneer House, without the consent of said owner or said occupant, with intent to commit an offense therein, contrary to Fla.Stat. 810.02(1), Fla. Stat. 810.02(3) and Fla.Stat. 810.07.”
Gonzalez filed a motion to declare Section 810.07, Florida Statutes (1979), unconstitutional. That motion was denied and no appeal has been taken from that ruling.
Both appellees filed motions to dismiss the information for failure to allege intent to commit a specific offense. Those motions were granted and the state brings this appeal.
We reverse on the authority of State v. Waters, 436 So. 2d 66 (Fla.1983) and remand for further appropriate proceedings.
LETTS and GLICKSTEIN, JJ., concur.
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Turner v. Amparo Bustamante, 493 So. 2d 36 (Fla. 3d DCA 1986)…ndings and conclusions are otherwise supported by the record they will not be disturbed. Laufer v. Norma Fashions, Inc, 418 So. 2d 437 (Fla. 3d DCA 1982); Oceanic International Corp. v. Lantana Boatyard, 402 So. 2d 507 (Fla. 4th DCA 1981), modified, 438 So. 2d 948 (Fla. 4th DCA 1983). The judgment on Turner and Larkins’ counterclaim is also affirmed. Our view is that the counterclaim failed to state a cause of action upon which relief could be granted. The disposition of this appeal does not bar an action by…
Authorities Cited
- State v. Waters, 436 So. 2d 66 (Fla. 1983)