LAZARO SANCHEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the defendant’s conviction and sentence for grand theft of an automobile. The trial court need not include a jury charge of trespass in a conveyance, as a category 2 permissive lesser included offense of grand theft of a motor vehicle, where the information does not allege one of the elements of the lesser offense. See Brown v. State, 206 So. 2d 377 (Fla.1968). Here, the information charging grand theft of a motor vehicle did not allege one of the statutory elements of trespass in a conveyance — that the defendant wilfully entered or remained in the complainant’s motor vehicle. § 810.08(1), Fla.Stat. (1993). Accordingly, the trial court correctly denied the defendant’s request for a jury charge on trespass in a conveyance.
Affirmed.
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Citator
Cited By
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Dante Wright v. State, 983 So. 2d 6 (Fla. 1st DCA 2007)…ul entry or remaining in” element of trespass, Appellant was not entitled to the requested instruction, and the trial court did not abuse its discretion in refusing to give it. See Jones v. State, 666 So. 2d 960 (Fla. 3d DCA 1996); Sanchez v. State, 664 So. 2d 331 (Fla. 3d DCA 1995). The trespass statute states in pertinent part: 810.08 Trespass in structure or conveyance.— [*8] (1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, havin…
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A. M. v. State, 678 So. 2d 914 (Fla. 1st DCA 1996)…ce. M.J.S. v. State, 453 So. 2d 870 (Fla. 2d DCA 1984) (state’s failure to establish that baekhoe is “conveyance” required reversal of conviction for trespass in a conveyance). See Jones v. State, 666 So. 2d 960 (Fla. 3d DCA 1996); Sanchez v. State, 664 So. 2d 331 (Fla. 3d DCA 1995) (defendant was not entitled to jury instruction on trespass in conveyance where information charging grand theft of motor vehicle did not allege statutory element of trespass that defendant “willfully entered or remained” in compl…
Authorities Cited
- Brown v. State, 206 So. 2d 377 (Fla. 1968)