J. M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm J.M.’s conviction for burglary. While J.M. claimed that she entered the dwelling to retrieve her own property, she admitted to her stealthy entry in the middle of the night. Section 810.07, Florida Statutes (2002), establishes that proof of stealthy entry is prima facie evidence of entering with intent to commit an offense. The statutory presumption is sufficient to create a prima facie case and avoid a judgment of acquittal. See Thomas v. State, 655 So. 2d 163 (Fla. 4th DCA 1995) (finding defendant’s self-serving statements for reason for breaking into home in early hours of morning did not negate statutory presumption so as to preclude submission of case to jury to evaluate defendant’s explanation along with presumption).
Although appellant also challenges the admission of hearsay evidence, we conclude that the admission of the evidence, even if improper, was harmless.
Affirmed.
WARNER, SHAHOOD and GROSS, JJ., concur.
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Stephens v. State (Fla. 1st DCA 2022)…of Florida’s Penal Code. See State v. Grimmage, 522 So. 2d 523, 524 (Fla. 2d DCA 1988) (explaining the application of presumption enumerated in section 812.022(2), relating to evidence of theft or dealing in stolen property); see also J.M. v. State, 884 So. 2d 481 (Fla. 4th DCA 2004) (applying burglary presumption based on a defendant’s stealthy entry under section 810.07); Johnson v. State, 444 So. 2d 563, 564–65 (Fla. 1st DCA 1984) (applying fraud presumption enumerated in section 832.07). In line with thes…
Authorities Cited
- Household Realty Corp. v. Transamerica Fin. Servs., Inc., 655 So. 2d 163 (Fla. 4th DCA 1995)
- Isiah Thomas v. State, 655 So. 2d 163 (Fla. 4th DCA 1995)