STATE OF FLORIDA, APPELLANT,
v.
JOHN H. HARLEY, APPELLEE
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PER CURIAM.
Section 810.02, Florida Statutes (1977), defines burglary as “entering or remaining in a structure or a conveyance with the intent to commit an offense therein . .” This case presents the question whether the state may charge a defendant with burglary of a conveyance when the offense referred to in the statute is the unauthorized temporary use of the same conveyance. The answer to that question is yes. State v. Dalby, 361 So. 2d 215, No. 77-1563 (Fla. 2d DCA, 1978). We realize that Dalby dealt with grand larceny instead of unauthorized temporary use, but we do not think that difference affects the applicability of Dalby to the present case.
Accordingly, we reverse the trial court’s order dismissing the information charging appellee with burglary and remand the case for further proceedings.
BOARDMAN, Acting C. J., and RYDER and DANAHY, JJ., concur.
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Judge v. State, 380 So. 2d 1329 (Fla. 4th DCA 1980)…PER CURIAM. Affirmed upon authority of State v. Harley, 362 So. 2d 379 (Fla. 2d DCA 1978) and State v. Dalby, 361 So. 2d 215 (Fla. 2d DCA 1978). DOWNEY, C. J., and ANSTEAD and HURLEY, JJ., concur.…
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State v. Stephens, 586 So. 2d 1073 (Fla. 5th DCA 1991)…offense. Consequently, we must assume that the legislature intended for a person to be guilty of burglary of a conveyance when he enters the conveyance with the intent to steal it. (emphasis in original) 361 So. 2d at 216. See also State v. Harley, 362 So. 2d 379 (Fla. 2d DCA 1978) (state may charge a defendant with burglary of a conveyance when the offense referred to in the burglary statute is the unauthorized, temporary use of the same conveyance).2 [*1077] In a recent case, Jones v. State, 569 So. 2d 123…
Authorities Cited
- State v. Dalby, 361 So. 2d 215 (Fla. 2d DCA 1978)