J.Y. v. State

District Court of Appeal of Florida

J.Y. v. State

688 So. 2d 1015, 1997 Fla. App. LEXIS 1828, 1997 WL 90810

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1997

DocketNo. 96-1693

StatusPublished

This text of 688 So. 2d 1015 (J.Y. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J.Y. v. State, 688 So. 2d 1015, 1997 Fla. App. LEXIS 1828, 1997 WL 90810 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

J.Y., a juvenile, appeals an adjudication of delinquency of burglary of a conveyance. We reverse.

The trial court erred in finding J.Y. guilty of the burglary charge. The evidence was insufficient to establish the crime of burglary of a conveyance: despite a bystander’s observation of J.Y. leaning into a vehicle, the state did not present any evidence that J.Y. had the intent to commit a crime in the vehicle. § 810.02(1), Fla. Stat. (1995); see K.H. v. State, 620 So.2d 1114 (Fla. 5th DCA 1993)(absent proof of intent to commit offense in dwelling burglary not established); B.D. v. State, 412 So.2d 70 (Fla. 1st DCA 1982)(crime of burglary not proven in absence of evidence of intent). Moreover, the state did not establish that J.Y.’s behavior constituted trespass in a conveyance, a lesser included offense of burglary, State v. G.C., 572 So.2d 1380 (Fla.1991); D.L. v. State, 567 So.2d 5 (Fla. 3d DCA 1990), as the state presented no proof in this case to demonstrate lack of consent, an element of the offense of trespass. § 810.08(1), Fla. Stat. (1995); Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996).

Based on the foregoing, we reverse the adjudication and remand for discharge of the juvenile.

Reversed and remanded.

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PER CURIAM.

J.Y., a juvenile, appeals an adjudication of delinquency of burglary of a conveyance. We reverse.

The trial court erred in finding J.Y. guilty of the burglary charge. The evidence was insufficient to establish the crime of burglary of a conveyance: despite a bystander’s observation of J.Y. leaning into a vehicle, the state did not present any evidence that J.Y. had the intent to commit a crime in the vehicle. § 810.02(1), Fla. Stat. (1995); see K.H. v. State, 620 So.2d 1114 (Fla. 5th DCA 1993)(absent proof of intent to commit offense in dwelling burglary not established); B.D. v. State, 412 So.2d 70 (Fla. 1st DCA 1982)(crime of burglary not proven in absence of evidence of intent). Moreover, the state did not establish that J.Y.’s behavior constituted trespass in a conveyance, a lesser included offense of burglary, State v. G.C., 572 So.2d 1380 (Fla.1991); D.L. v. State, 567 So.2d 5 (Fla. 3d DCA 1990), as the state presented no proof in this case to demonstrate lack of consent, an element of the offense of trespass. § 810.08(1), Fla. Stat. (1995); Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996).

Based on the foregoing, we reverse the adjudication and remand for discharge of the juvenile.

Reversed and remanded.

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688 So. 2d 1015, 1997 Fla. App. LEXIS 1828, 1997 WL 90810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jy-v-state-fladistctapp-1997.

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