RICHARD W. RECEVEUR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1990-07-06
No. 89-01252
SCHEB, A.G.J., and RYDER, J„ concur.
567 So. 2d 5 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 8 cases

Opinion of the Court
HALL, Judge.

HALL, Judge.

Richard W. Receveur appeals from his judgment and sentences for burglary of a dwelling and grand theft. He raises four points on appeal, but we find merit only in his contention that his judgment incorrectly reflects a conviction for burglary while armed with an explosive or dangerous weapon, rather than for burglary of a dwelling. Accordingly, we reverse and remand for correction of the scrivener’s error. The judgment and sentences are affirmed in all other respects.

SCHEB, A.G.J., and RYDER, J„ concur.


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  • A.D. v. State, 106 So. 3d 67 (Fla. 2d DCA 2013)
    …e ATV contradicts the State’s theory. The trial court should have granted AD.’s motion in part, reducing the burglary charge to the lesser-included offense of trespass in a conveyance under section 810.08, Florida Statutes (2010). See D.L. v. State, 567 So. 2d 5, 6 (Fla. 3d DCA 1990) (holding that a juvenile charged with burglary and theft of an automobile committed the lesser-included offense of trespass in conveyance when the State failed to show specific intent); G.C. v. State, 407 So. 2d 639, 640 (Fla.…
  • K.L.J. v. State, 756 So. 2d 188 (Fla. 3d DCA 2000)
    …ffirm. Respondent’s own affirmative and spontaneous declaration that he knew that the car he was riding in was stolen was sufficient to establish that “he was aware that he was present in the conveyance of another without permission,” D.L. v. State, 567 So. 2d 5, 5 (Fla. 3d DCA 1990), and supports the adjudication of delinquency for trespass to a conveyance. AFFIRMED.…
  • J.D. v. State, 604 So. 2d 936 (Fla. 3d DCA 1992)
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