M.S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence presented was sufficient to support the adjudication of delinquency for burglary.
A neighbor observed the juvenile and others fleeing a recently broken into and damaged vacant condominium unit. The juvenile was apprehended and charg…
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FLETCHER, Judge.
M.S., a juvenile, appeals his adjudication of delinquency as well as his commitment. We affirm.
A neighbor observed M.S. and four others running out of a vacant condominium unit through the patio sliding glass door. The vacant unit had been broken into and the interior was newly damaged. The neighbor called the owner of the unit, who then called the police. M.S. was apprehended and charged as a delinquent with burglary of a dwelling and criminal mischief.
M.S. asserts that the trial court erred by denying his motion for judgment of acquittal on the burglary charge because there was no evidence of his entering with the intent to commit an offense in the unit, an element of burglary. See § 810.02(1), Fla. Stat. (1999).1 M.S. asserts that at best the evidence supported no more than simple trespass.
We disagree. The eyewitness testimony that M.S. ran from the back exit of the apartment late at night, coupled with the owner’s call to the police, clearly demonstrate that his entry was stealthy and lacked the owner’s consent. Pursuant to section 810.07(1), Florida Statutes (1999),2
this was prima facie evidence of his entering with the intent to commit an offense inside the unit. See Baker v. State, 636 So. 2d 1342 (Fla.1994); Florida v. State, 522 So. 2d 1039 (Fla. 4th DCA 1988). The State thus submitted competent substantial evidence to support the adjudication.
Affirmed.
. Which reads:
"(1) Burglary means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.”
. Which reads:
"(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.” V
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J.A.S. v. State, 952 So. 2d 638 (Fla. 2d DCA 2007)…finding of stealthy entry where defendant crept underneath a plastic tarp into a backyard surrounded by a six-foot privacy fence, broke a window “while hidden from view in the seclusion of the backyard,” and fled when alarm sounded); M.S. v. State, 774 So. 2d 777, 778 (Fla. 3d DCA 2000) (inferring intent through statutory presumption of stealthy entry where defendant ran from back exit of apartment late at night); Jackson v. State, 703 So. 2d 515 (Fla. 3d DCA 1997) (stating the “jury could have reasonably co…
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Lanzo v. State, 73 So. 3d 817 (Fla. 5th DCA 2011)…1994) (evidence supported a finding of stealthy entry where defendant crept underneath plastic tarp into backyard surrounded by privacy fence, broke window while hidden from view in seclusion of backyard, and fled when alarm sounded); M.S. v. State, 774 So. 2d 777, 778 (Fla. 3d DCA 2000) (inferring intent through statutory presumption of stealthy entry where defendant ran from back exit of apartment late at night). In contrast, courts have declined to conclude that evidence showed stealthy entry where the de…
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S.D. v. State, 837 So. 2d 1173 (Fla. 4th DCA 2003)…titute a stealthy entry. See Irvin v. State, 590 So. 2d 9, 10 (Fla. 3d DCA 1991) (defining stealthy entry as “[a]ny secret, sly or clandestine act to avoid discovery and to gain entrance into or to remain ... without permission....”); M.S. v. State, 774 So. 2d 777, 778 (Fla. 3d DCA 2000) (holding testimony that juvenile was seen running from vandalized, vacant condominium late at night demonstrated that juvenile’s entry was stealthy). Choosing a day when it was certain no one would be at the school and then r…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Baker v. State, 636 So. 2d 1342 (Fla. 1994)
- Butterworth v. State, 522 So. 2d 1039 (Fla. 4th DCA 1988)