C.P., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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.
C.P., a juvenile, was found delinquent on charges of criminal mischief, attempted burglary, and possession of burglary tools after damaging a mobile home door with a metal bar. The appellate court reversed the trespass conviction for insufficient evidence of entry into a structure, but affirmed the convictions for criminal mischief and possession of burglary tools, and remanded to reduce the count 2 conviction from trespass to attempted trespass.
The court reversed the trespass conviction because the State failed to prove that C.P. entered a structure, which is a necessary element of trespass, and there was no evidence that any area around the mobile home was enclosed. However, the court affirmed the convictions for criminal mischief and possession of burglary tools as there was sufficient evidence to support those charges, and instructed the trial court to reduce count 2 from trespass to attempted trespass.
[1] A conviction for trespass requires proof of entry into a structure or conveyance.
[2] Evidence of damage to a structure and possession of burglary tools may be sufficient to support convictions for criminal mischief and possession of burglary tools, respec…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Entry into a structure is a necessary element.”
Establishes that the State must prove actual entry into a structure to support a trespass conviction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceC.P. and a friend were playing around outside a vacant mobile home in a mobile home park. C.P. found a metal bar and applied it to the mobile home doo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Attempted Burglary cases and more on FLexlaw
C.P., a juvenile, appeals from an order finding guilt and withholding adjudication of delinquency. We reverse in part and affirm in part.
C.P. and a friend were playing around in a mobile home park outside a vacant mobile home. C.P. found a metal bar and applied it to the mobile home door. When a neighbor yelled out to them, C.P. and his friend dropped the bar and ran. The State charged C.P. with count (1) criminal mischief over $200 but less than $1,000 by breaking and/or damaging the door of a structure, count (2) attempted burglary of an unoccupied structure, and count (3) possession of burglary tools with intent to commit a burglary or trespass.
At the adjudicatory hearing, the State called two witnesses, the neighbor and a representative of the mobile home park. The neighbor testified that he saw C.P. putting the bar to the door of a vacant mobile home. The representative testified that there was $352.74 in damage to the door. After the State rested, defense counsel moved for a judgment of dismissal, claiming the State failed to prove the requisite intent for each count. The trial judge denied the motion.
The defense presented C.P., who testified that he was horsing around with his friend when they found a bar on the stairs to a vacant mobile home. They noticed a hole on the door, and C.P. put the bar inside the hole. He also testified that he did not intend to enter the home. C.P. stated they were scared off when the neighbor yelled. The defense rested and renewed all previous motions.
The trial court found C.P. delinquent on counts one and three, and guilty on the lesser offense of trespass in count 2. The trial court withheld adjudication, ordered restitution, and placed C.P. on probation with conditions. C.P. appealed.
On appeal, C.P. contends that the trial court erred in denying the motion for judgment of dismissal and convicting him of the three charges because the State failed to prove these offenses beyond a reasonable doubt. The State asserts that the trial court properly denied C.P.’s motion for judgment of dismissal because there was sufficient evidence of the charged offenses. We agree with C.P. on *524the count 2, trespass conviction and with the State on the other convictions.
First, in order to prove C.P. committed trespass, the State had to prove that C.P., without being authorized, licensed, or invited, willfully entered or remained in a structure or conveyance. See § 810.08(1), Fla. Stat. (2010). Entry into a structure is a necessary element. See Keys v. State, 949 So.2d 1080 (Fla. 2d DCA 2007). Although a structure may include curtilage, the curtilage area must be enclosed in some manner. See State v. Hamilton, 660 So.2d 1038 (Fla.1995); B.W. v. State, 973 So.2d 657 (Fla. 3d DCA 2008).
Here, C.P. never entered the mobile home. There is no evidence that the area around the mobile home was enclosed. Therefore, the State failed to prove trespass; however, there was sufficient evidence to uphold a charge for attempted trespass. See J.B. v. State, 405 So.2d 247 (Fla. 3d DCA 1981).
There was also sufficient evidence to prove possession of burglary tools and criminal mischief. Therefore, we uphold those convictions without further discussion.
Accordingly, we reverse the count 2, trespass conviction, and instruct the court to reduce the conviction from trespass to attempted trespass. We affirm all other convictions.
■ Reversed in part and remanded with instructions, and affirmed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Palmer v. State, 112 So. 3d 606 (Fla. 4th DCA 2013)…illfully entering or remaining in any structure or conveyance without permission or by refusing to depart after permission has been revoked. § 810.08(1), Fla. Stat. (2012). Entry into a structure is a necessary element of the offense. C.P. v. State, 99 So. 3d 522, 524 (Fla. 3d DCA 2011). There was no evidence presented that the defendant attempted to enter either building, or that either officer believed the defendant was about to attempt entry. A “structure” may include curtilage, but the curtilage area mus…
-
Espinosa v. State, 263 So. 3d 114 (Fla. 3d DCA 2018)
Authorities Cited
- State v. Hamilton, 660 So. 2d 1038 (Fla. 1995)
- S.S. v. State, 405 So. 2d 247 (Fla. 3d DCA 1981)
- Keys v. State, 949 So. 2d 1080 (Fla. 2d DCA 2007)
- B.W. v. State, 973 So. 2d 657 (Fla. 3d DCA 2008)