THE STATE OF FLORIDA, APPELLANT,
v.
ERNEST PICKENS, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
ERNEST PICKENS, APPELLEE
565 So. 2d 913
Florida District Court of Appeal, Third District (1990)
Opinion of the Court
PER CURIAM.
Pursuant to an oral motion, the trial court reduced the charge of burglary of an unoccupied conveyance to trespass, finding that the defendant had no intent to commit a theft while unlawfully in the vehicle. The defendant concedes here, correctly, that the intent to commit an offense therein, the essential element to the greater offense, is a question of fact to be determined by a jury. See State v. Wise, 464 So. 2d 1245 (Fla. 1st DCA), rev. denied, 476 So. 2d 676 (Fla.1985) and State v. Cataldo, 539 So. 2d 16 (Fla. 2d DCA 1989).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Wise, 464 So. 2d 1245 (Fla. 1st DCA 1985)
- State v. Cataldo, 539 So. 2d 16 (Fla. 2d DCA 1989)