J.E.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A bicycle stolen from a home's driveway is within the curtilage of the dwelling for burglary purposes.
J.E.S. was found guilty of burglary of a dwelling after stealing a bicycle from the victim's driveway.…
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MILLS, Judge.
The sole issue raised by this appeal from an order adjudicating J.E.S. guilty of burglary of a dwelling is whether a bicycle stolen by him from the driveway of the victim’s home was within the curtilage of the home. It was.
Section 810.011(2), Florida Statutes (1983), defines a “dwelling” as “a building or conveyance of any kind ... together with the curtilage thereof.” (Emphasis added) Likewise, a “structure” is defined in Section 810.011(1) as “a building of any kind ... together with the curtilage thereof.” (Emphasis added)
In Joyner v. State, 303 So. 2d 60 (Fla. 1st DCA 1974), this court held that “[jjust as the yard, horse-lot and stables used in connection with a dwelling in bygone days were considered as part of the curtilage, so are garages, driveways and parking areas of today.”
In State v. Musselwhite, 402 So. 2d 1235 (Fla. 2d DCA 1981), the Second District Court of Appeal held that “[w]e agree with the Joyner court and hold that a driveway to one’s residence is within the curtilage of that property.”
Although the cited cases involved search and seizure issues rather than burglary of a dwelling issue, in my opinion, a curtilage is a curtilage is a curtilage.
Having determined the issue raised by J.E.S. adversely to him, we affirm the order. SHIVERS and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Hamilton, 660 So. 2d 1038 (Fla. 1995)…n paved area of premises partially enclosed by a fence and a brick wall); Greer v. State, 354 So. 2d 952 (Fla. 3rd DCA 1978) (defendant climbed over a six-foot wall into enclosed parking area surrounding business structure.) But see J.E.S. v. State, 453 So. 2d 168 (Fla. 1st DCA 1984) (defendant stole bicycle from driveway, which was determined to be within the curtilage, but opinion does not indicate whether driveway enclosed). Hamilton, 645 So. 2d at 559 (footnote omitted); see also State v. Musselwhite, 40…
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Martinez v. State, 700 So. 2d 142 (Fla. 5th DCA 1997)…e definition of dwelling only to include "any porch” within the meaning of the term. See § 810.011(2), Fla. Stat. (Supp.1996); Ch. 96-388, § 47, Laws of Fla. The legislature took no action to modify the rule of Hamilton, however. . J.E.S. v. State, 453 So. 2d 168 (Fla. 1st DCA 1984), relied upon by the state for its holding that a driveway of a home is within the home’s curtilage, is no longer valid authority in light of Hamilton. Since Hamilton, a distinction appears to exist between the definition of "curt…
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Baker v. State, 622 So. 2d 1333 (Fla. 1st DCA 1993)…t a “structure” could include the enclosed grounds immediately surrounding the building. Fla.Std. Jury Instr. (Crim.) 136; see § 810.011(1) and (2), Fla.Stat. (1989) (definitions of “structure” and “dwelling” include the curtilage); J.E.S. v. State, 453 So. 2d 168 (Fla. 1st DCA 1984) (the driveway of a home is part of the curtilage so that theft of a bicycle from the driveway constitutes burglary); Tobler v. State, 371 So. 2d 1043 (Fla. 1st DCA) (the fenced area surrounding a warehouse is part of the curtilag…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Joyner v. State, 303 So. 2d 60 (Fla. 1st DCA 1974)
- Baldwin v. Louie L. Wainwright, 303 So. 2d 60 (Fla. 4th DCA 1974)
- State v. Musselwhite, 402 So. 2d 1235 (Fla. 2d DCA 1981)