N.S.G., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1996-08-05
No. 95-4554
MICKLE and LAWRENCE, JJ., concur.
678 So. 2d 4 Florida District Court of Appeal, First District (1996) Caution
Cited by 8 cases


Opinion of the Court
ALLEN, Judge.

ALLEN, Judge.

The juvenile appellant challenges an order of disposition by which she was found guilty of various charges and placed in a juvenile program. She argues that the judge should have granted her motions for judgment of acquittal. Although we conclude that the trial judge properly denied the motions as to the charges of burglary of a structure and criminal mischief, we conclude that the motions should have been granted as to the two charges of burglary of a dwelling. The evidence was that the appellant spray painted unenclosed exterior areas of the two dwellings, but there was no suggestion that she entered the dwellings or any enclosed curtilage. Accordingly, burglary of the dwellings was not proven. See State v. Hamilton, 660 So. 2d 1038 (Fla.1995).

The order of disposition is therefore affirmed in part and reversed in part, and this case is remanded for entry of a new order. MICKLE and LAWRENCE, JJ., concur.


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  • Merkt v. State, 764 So. 2d 865 (Fla. 4th DCA 2000)
    …he additional points appropriate. Appellant argues that Echols is not controlling in this case because it conflicts with the Florida Supreme Court’s decision in Roberts v. State, 644 So. 2d 81 (Fla.1994), and our later opinion in Williams v. State, 678 So. 2d 4 (Fla. 4th DCA 1996). The state agrees and concedes error. However, we disagree with the state’s concession of error on this point. In Roberts, the supreme court held that a trial court, in resentencing a defendant after a revocation of probation, h…
  • Kingsley v. State, 682 So. 2d 641 (Fla. 5th DCA 1996)
    …t injury, and thus, Kingsley was awarded 4 points for that infraction.1 Accordingly, [*642] we reverse Kingsley’s sentence and remand to the trial court for it to sentence Kingsley utilizing the original guidelines scoresheet. See Williams v. State, 678 So. 2d 4 (Fla. 4th DCA 1996) (reversing for resentencing after violation of probation where trial court added points for legal restraint although original scoresheet showed no additional points for legal restraint); compare King v. State, 648 So. 2d 183, 191…
  • Martinez v. State, 770 So. 2d 211 (Fla. 4th DCA 2000)
    …rev. denied, 576 So. 2d 286 (Fla.1991). In this case, the trial court should have disapproved the correction, if all the state could show was that Appellant was under a legal constraint when his community control was revoked. See Williams v. State, 678 So. 2d 4 (Fla. 4th DCA 1996); Taylor v. State, 485 So. 2d 900 (Fla. 4th DCA 1986); Burkhalter v. State, 578 So. 2d 345 (Fla. 1st DCA 1991). As this court explained in Taylor, “When a defendant is being sentenced in a probation revocation hearing only for the…

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