JAMES ARTHUR O'BRYAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the State failed to prove the ownership allegation as laid in the information.
Appellant was charged with burglary of a motor vehicle. The State's proof of ownership relied on testimony from the corporation's president, who refer…
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DOWNEY, Chief Judge.
By amended information appellant was charged with burglary of a motor vehicle in violation of Section 810.02, Florida Statutes (1975). The information alleged the vehicle was “the property of Strazulla Brothers Co., Inc.” The proof of ownership relied on by the State was adduced through Joseph P. Strazulla, President of Strazulla Brothers Co., Inc. He referred to the vehicle in question as “my girl’s car” which he was driving on the occasion of the burglary. He also referred to the car as “my car” when describing the proximity of appellant’s automobile to the vehicle in question.
The recent cases1 holding that ownership is any possession that is rightful as against the burglar would seem to make it rather easy for the State to prove “ownership” of the burglarized property. However, the State still must prove the allegations as laid in the information. We find the proof here woefully inadequate.
Accordingly, the judgment appealed from is reversed and the cause is remanded with directions to discharge the appellant.
REVERSED AND REMANDED with directions.
CROSS and DAUKSCH, JJ., concur. . In the Interest of M. E., 357 So. 2d 1052 (Fla. 4th DCA 1978); Anderson v. State, 356 So. 2d 382 (Fla. 3d DCA 1978); Dorsey v. State, 324 So. 2d 159 (Fla. 1st DCA 1975).
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Citator
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Foster v. State, 557 So. 2d 634 (Fla. 3d DCA 1990)…la. 1st DCA 1985); see also C.B. v. State, 519 So. 2d 686 (Fla. 3d DCA 1988); A.L. v. State, 359 So. 2d 583 (Fla. 3d DCA 1978); Wilcox v. State, 183 So. 2d 555 (Fla. 3d DCA 1966); Nelson v. State, 453 So. 2d 473 (Fla. 2d DCA 1984); O’Bryan v. State, 359 So. 2d 545 (Fla. 4th DCA 1978). Clara Suarez, the sole witness to testify as to ownership of the vehicle, was unable to remember the tag number of her automobile, and stated that she was uncertain whether anything would refresh her recollection. A document may…
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In the Interest of M.M., 571 So. 2d 112 (Fla. 4th DCA 1990)…roof of special or temporary ownership, possession, or control. Id. at 797. Thus, the state can meet its burden of proving ownership by simply establishing a possessory right of the alleged victim superior to that of the accused. O’Bryan v. State, 359 So. 2d 545 (Fla. 4th DCA 1978). Appellant argues that the state failed to prove the essential element of ownership in this case. The state alleged that the owner of the townhouse was Chris Harris, but it did not call Harris as a witness or anyone else claimin…1 / 2
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C.B. v. State, 519 So. 2d 686 (Fla. 3d DCA 1988)…the automobile which the appellant was charged with attempting to burglarize was woefully deficient to support the finding that the appellant had committed such attempted burglary. R.D. v. State, 426 So. 2d 1293 (Fla.3d DCA 1983); O’Bryan v. State, 359 So. 2d 545 (Fla. 4th DCA 1978); State v. Ward, 354 So. 2d 125 (Fla. 3d DCA 1978). We reverse that portion of the trial court’s order which found that the appellant had committed the offense of attempted burglary, and remand with directions to enter a judgmen…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- I. v. Anderson, 356 So. 2d 382 (Fla. 3d DCA 1978)
- Dorsey v. State, 324 So. 2d 159 (Fla. 1st DCA 1975)
- In the Interest of M. E., 357 So. 2d 1052 (Fla. 4th DCA 1978)