WAYNE F. WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WAYNE F. WATSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
439 So. 2d 271
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse appellant’s conviction of burglary because it appears without contradiction that appellant was invited to enter and remain in the structure in question by the complaining witness. See Section 810.02(1), Florida Statutes (1979) and State v. Hicks, 421 So. 2d 510 (Fla.1982). The remaining judgments and sentences' are affirmed.
Affirmed in part and reversed in part.
HERSEY, GLICKSTEIN and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thorpe v. State, 559 So. 2d 1285 (Fla. 2d DCA 1990)…window, jumped through, and ran up the street, where eventually she was apprehended. Thorpe’s position is that there can be no burglary under these facts, which she claims clearly demonstrate consent for her to enter the premises. Watson v. State, 439 So. 2d 271 (Fla. 4th DCA 1983). We disagree. Even setting aside the consideration that Mr. Melendez’s “consent” was somewhat the product of subterfuge, any such consent was clearly withdrawn when Melendez began to doubt the veracity of Thorpe’s story. Once a c…
Authorities Cited
- State v. Hicks, 421 So. 2d 510 (Fla. 1982)