MARCUS YOUNG, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Notwithstanding a contrary suggestion in ill-advised dicta in Gaskin v. State, 869 So.2d 646, 647 n. 1 (Fla. 3d DCA 2004), there is a crime of burglary with intent to commit the underlying offense of resisting without violence, which occurs, as in this case, when a person fleeing from a lawful attempted arrest enters a structure without permission in order to evade capture. *538 See Jean-Marie v. State, 947 So.2d 484 (Fla. 3d DCA 2006); Nicarry v. State, 795 So.2d 1114 (Fla. 5th DCA 2001); Britton v. State, 604 So.2d 1288 (Fla. 2d DCA 1992); Burton v. State, 925 A.2d 503 (Del.2007); Patrick v. State, 922 A.2d 415 (Del.2007); State v. Williams, 229 N.J.Super. 179, 550 A.2d 1298 (1988). Because the evidence supports the jury’s finding that the defendant was guilty of that offense — and there is no harmful error — the judgment below is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Galinis Ellrod Neal v. State, 31 So. 3d 916 (Fla. 4th DCA 2010)
-
Mercado v. State (Fla. 3d DCA 2021)
Authorities Cited
- Britton v. State, 604 So. 2d 1288 (Fla. 2d DCA 1992)
- Reynard Antoine Gaskin v. State, 869 So. 2d 646 (Fla. 3d DCA 2004)
- Franizy Jean-Marie v. State, 947 So. 2d 484 (Fla. 3d DCA 2006)
- Nicarry v. State, 795 So. 2d 1114 (Fla. 5th DCA 2001)