CARMALIN DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1999-04-14
No. 98-2543
GUNTHER and WARNER, JJ., concur.
730 So. 2d 837 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Carmalin Davis was convicted of attempted burglary of a conveyance after police found him running from a parking lot where a vehicle had been burglarized. Davis challenged his conviction on the ground that the State failed to prove corpus delicti before admitting his statement against interest. The court affirmed, finding that sufficient circumstantial evidence established the corpus delicti of attempted burglary.


Holding

The court held that the corpus delicti for attempted burglary of a conveyance was established through circumstantial evidence prior to admission of Davis's confession. The evidence of a broken window, valuable items inside the car, a suspicious person standing in glass next to the vehicle, and that same person found concealing himself nearby and fleeing was sufficient to establish the corpus delicti of attempted burglary.


Headnotes

[1] Before a defendant's confession or statement against interest is admissible into evidence, the State must prove with substantial evidence the corpus delicti of the offens…

[2] The corpus delicti of a crime can be shown by circumstantial evidence and need not be proven beyond a reasonable doubt.

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Key Quotes

“Before a defendant's confession or statement against interest is admissible into evidence, the State must prove with substantial evidence the corpus delicti of the offense charged.”

Establishes the legal standard that corpus delicti must be proven before a defendant's confession is admitted

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Facts & Procedural History

A witness observed a black male wearing sandals standing in glass next to a parked vehicle with a broken passenger window. Minutes later, the same wit…

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Opinion of the Court
STEVENSON, J.

STEVENSON, J.

Carmalin Davis was charged with burglary of a conveyance pursuant to section 810.02(1), Florida Statutes (1997), after police observed him running a few blocks from a parking lot where a sports utility vehicle had been reported burglarized. Consequently, he was tried by jury and convicted of attempted burglary of a conveyance. He challenges his conviction on the ground that the State failed to prove a corpus delicti for burglary before admitting his statement against interest into evidence. We affirm.

A witness noticed a black male wearing sandals

standing in glass next to her employer’s vehicle in the parking lot of her place of employment. She also detected that the passenger window of the car had been broken. A few minutes later the witness went with her boss to look for the man and noticed a black man wearing sandals crouched down in some bushes who then began to run. Subsequently, the police apprehended Davis a few blocks from the scene. No fingerprints were found on the car, nor were any items missing from the vehicle.

At trial, over the defense counsel’s objection based on “corpus delicti,” the owner of the vehicle testified that Davis came to his office two weeks after his arrest and offered to pay for the broken window, explaining that he intended only to steal the cellular phone inside and not the automobile itself. The jury convicted Davis of attempted burglary.

Before a defendant’s confession or statement against interest is admissible into evidence, the State must prove with substantial evidence the corpus delicti of the offense charged. See Sochor v. State, 619 So. 2d 285, 289 (Fla.1993). “Corpus delicti,” which literally means “the body of the crime,” generally refers to the legal elements necessary to show that the crime charged was committed. See Farinas v. State, 569 So. 2d 425, 430 (Fla.1990). The corpus delicti of a crime can be shown by circumstantial evidence and need not be proven beyond a reasonable doubt. See R.L.B. v. State, 703 So. 2d 1245 (Fla. 5th DCA 1998). For purposes of establishing the corpus delicti, it is sufficient if the evidence tends to show that a crime has been committed by someone, not necessarily the defendant. See Stone v. State, 378 So. 2d 765 (Fla.1979).

The elements of burglary of a conveyance are: 1) unauthorized entry into a conveyance, 2) with the intent to commit an offense therein. See § 810.02, Fla. Stat.; Fla. Std. Jury Instr. (Crim.) 195 (1996). The elements of attempted burglary of a conveyance are: 1) unauthorized attempted entry into a conveyance, 2) with the intent to commit an offense therein. See § 777.04(1), Fla. Stat. (1997); Fla. Std. Jury Instr. (Crim.) 77 (1996). Proof of an attempt to enter a conveyance stealthily and without the consent of the owner is prima facie evidence of attempting to enter with intent to commit an offense. See § 810.07(2), Fla. Stat. (1997).

In the instant case, the corpus delicti for the crime of burglary of a conveyance was not established because there was no evidence whatsoever of an entry into the vehicle. However, evidence that the window was broken by the agency of someone other than the owner, the presence of valuable items located inside the car, the appearance of someone standing in glass next to the vehicle and seemingly the same person found in the vicinity a short while later attempting to conceal himself and then fleeing upon discovery established the corpus delicti of the crime of attempted burglary of a conveyance. Because the jury found Davis guilty of attempted burglary, and the corpus delicti for this offense was established prior to the admission of the confession, we find that Davis has not met his burden of establishing prejudicial error. See § 924.051(7), Fla. Stat. (1997)(“[T]he party challenging the judgment or order of the trial court has the burden of demonstrating that a prejudicial error occurred in the trial court.”). Accordingly, we affirm.

AFFIRMED.

GUNTHER and WARNER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Garmon v. State, 772 So. 2d 43 (Fla. 4th DCA 2000)
    …998) (citations omitted). Ordinarily, proof of the corpus delicti of the crime charged is required before a confession or admission against interest may be received in evidence. See Burks v. State, 613 So. 2d 441, 443-44 (Fla.1993); Davis v. State, 730 So. 2d 837, 838 (Fla. 4th DCA 1999). Although it is preferable that such proof be received first, “a subsequent prima facie showing will cure a premature admission.” McIntosh v. State, 532 So. 2d 1129, 1131 (Fla. 4th DCA 1988). The state is not required to pro…
  • Pepitone v. State, 846 So. 2d 640 (Fla. 2d DCA 2003)
    …ttempted burglary involves a person who attempts, but fails, to gain entrance to a dwelling, structure, or conveyance. See, e.g., Smith v. State, 588 So. 2d 654 (Fla. 2d DCA 1991); Cameron v. State, 214 So. 2d 370 (Fla. 2d DCA 1968); Davis v. State, 730 So. 2d 837 (Fla. 4th DCA 1999). It may be that Mr. Pepitone attempted unsuccessfully to steal something from the study, but it is undisputed that he successfully entered the condominium unit. If he did so with an intent to commit an offense, his crime was a co…
  • Jackson v. State, 26 So. 3d 642 (Fla. 4th DCA 2010)
    …ttempted burglary involves a person who attempts, but fails, to gain entrance to a dwelling, structure, or conveyance. See, e.g., Smith v. State, 588 So. 2d 654 (Fla. 2d DCA 1991); Cameron v. State, 214 So. 2d 370 (Fla. 2d DCA 1968); Davis v. State, 730 So. 2d 837 (Fla. 4th DCA 1999). It may be that Mr. Pepitone attempted unsuccessfully to steal something from the study, but it is undisputed that he successfully entered the condominium unit. If he did so with an intent to commit an offense, his crime was a co…

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