WILLIAM FREDERICK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT. (TWO CASES)
WILLIAM FREDERICK, PETITIONER,
STATE OF FLORIDA, RESPONDENT. (TWO CASES)
472 So. 2d 463
Florida Supreme Court (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
ADKINS, Justice.
We review two decisions of the Fifth District Court of Appeal, Frederick v. State, 459 So. 2d 326 (Fla. 5th DCA 1984), and Frederick v. State, 451 So. 2d 1066 (Fla. 5th DCA 1984), which expressly and directly conflict with T.L.J. v. State, 449 So. 2d 1008 (Fla. 2d DCA 1984), quashed, 464 So. 2d 1196 (Fla.1985); and Bennett v. State, 438 So. 2d 1034 (Fla. 2d DCA 1983). We have jurisdiction. Art. V, § 3(b)(3), Florida Constitution.
Based on our decision in L.S. v. State, 464 So. 2d 1195 (Fla.1985), we approve the decisions of the district court.
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Graham v. State, 472 So. 2d 464 (Fla. 1985)…that offense. In a prosecution for burglary, the state may rely on section [*466] 810.07 as prima facie evidence of intent to commit an offense, whether or not the offense is specified. L.S. v. State, 464 So. 2d 1195 (Fla.1985); Frederick v. State, 472 So. 2d 463 (Fla.1985). Where, however, the prosecution is for attempted burglary, the state is precluded from reliance on section 810.07 by the express terms of the statute, even where there is some evidence of unlawful entry. The certified question is answer…
Authorities Cited
- L.S. v. State, 464 So. 2d 1195 (Fla. 1985)
- Bennett v. State, 438 So. 2d 1034 (Fla. 2d DCA 1983)
- T.L.J. v. State, 449 So. 2d 1008 (Fla. 2d DCA 1984)
- Frederick v. State, 451 So. 2d 1066 (Fla. 5th DCA 1984)
- Frederick v. State, 459 So. 2d 326 (Fla. 5th DCA 1984)
- City OF Miami v. Simpson, 459 So. 2d 326 (Fla. 1st DCA 1984)
- State v. T.L.J., 464 So. 2d 1196 (Fla. 1985)