K.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed a juvenile's adjudication of delinquency by reducing the burglary charge to the lesser included offense of unlawful trespass, as the evidence lacked proof of intent to commit an offense within the dwelling.
Evidence insufficient to prove burglary of a dwelling due to lack of proof of intent to commit an offense within the dwelling, but sufficient to prove unlawful trespass as a lesser necessarily included offense, warranting affirmance of adjudication of delinquency.
[1] A juvenile's adjudication for burglary of a dwelling may be affirmed and reduced to the lesser necessarily included offense of unlawful trespass when evidence is insuffic…
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Join FLexlaw to unlock all legal intelligenceK.H., a juvenile, was charged with burglary of a dwelling. The evidence presented did not establish K.H.'s intent to commit an offense within the dwel…
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PER CURIAM.
The evidence in this case is insufficient to establish the crime of burglary of a dwelling,1 because there was no proof of K.H.’s intent to commit an offense within the dwelling. However, the evidence adduced was sufficient to prove an unlawful trespass2 which in this case was a lesser necessarily included offense. Thus, we affirm K.H.’s adjudication of delinquency and commitment on this basis. See State v. G.C., 572 So. 2d 1380 (Fla.1991) (merely being a passenger in a stolen automobile did not support a charge of burglary of the automobile but did establish trespass to a conveyance; adjudication of delinquency can be affirmed on the basis of trespass); M.F. v. State, 562 So. 2d 724 (Fla. 3d DCA 1990) (evidence that juvenile was sitting in an automobile with its rear window broken did not establish the offense of theft but was sufficient to establish trespass to a conveyance; adjudication of delinquency based on a finding of guilt as to the charge of theft was affirmed after reducing the finding to trespass); B.D. v. State, 412 So. 2d 70 (Fla. 1st DCA 1982) (although evidence was insufficient to prove the crime of burglary because there was no evidence upon which to base a finding of intent to commit the offense of theft, the evidence was sufficient to establish the offense of trespass of an occupied structure; the defendant’s adjudication for delinquency was affirmed and the order of commitment was amended to reflect the finding that the juvenile had committed the offense of trespass).
AFFIRM as modified.
W. SHARP, GRIFFIN and THOMPSON, JJ., concur. . § 810.02, Fla.Stat. (1992).
. § 810.08, Fla.Stat. (1992).
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R.C. v. State, 793 So. 2d 1078 (Fla. 2d DCA 2001)…mmitted burglary of a dwelling, R.C.’s statement to the deputy does support a finding that R.C. committed the necessary lesser included offense of trespass since he knowingly entered the mobile home without the owner’s permission. See K.H. v. State, 620 So. 2d 1114 (Fla. 5th DCA 1993). Accordingly, we reverse the finding that R.C. committed burglary of a dwelling, but direct that R.C.’s adjudication of delinquency be upheld on the basis of the trespass. Finally, we remand for a new disposition hearing in accor…
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D.R. v. State, 734 So. 2d 455 (Fla. 1st DCA 1999)…d theft, we REVERSE the disposition order and REMAND with directions to the trial court to discharge D.R. from both offenses. MINER and BENTON, JJ., CONCUR. . Unlawful trespass is a lesser-included offense of burglary of a dwelling. K.H. v. State, 620 So. 2d 1114 (Fla. 5th DCA 1993) (where the State failed to prove juvenile K.H.’s intent to commit an offense within the dwelling, the evidence was insufficient to establish burglary of a dwelling, but the evidence adduced was sufficient to prove unlawful trespa…
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J.Y. v. State, 688 So. 2d 1015 (Fla. 3d DCA 1997)…crime of burglary of a conveyance: despite a bystander’s observation of J.Y. leaning into a vehicle, the state did not present any evidence that J.Y. had the intent to commit a crime in the vehicle. § 810.02(1), Fla. Stat. (1995); see K.H. v. State, 620 So. 2d 1114 (Fla. 5th DCA 1993)(absent proof of intent to commit offense in dwelling burglary not established); B.D. v. State, 412 So. 2d 70 (Fla. 1st DCA 1982)(crime of burglary not proven in absence of evidence of intent). Moreover, the state did not establis…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. G.C., 572 So. 2d 1380 (Fla. 1991)
- B. D. v. State, 412 So. 2d 70 (Fla. 1st DCA 1982)
- M.F. v. State, 562 So. 2d 724 (Fla. 3d DCA 1990)