Kirkland v. State

District Court of Appeal of Florida

Kirkland v. State

366 So. 2d 871, 1979 Fla. App. LEXIS 14007

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 1979

DocketNo. 77-2478

StatusPublished

Cited by3 cases

This text of 366 So. 2d 871 (Kirkland 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.

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Kirkland v. State, 366 So. 2d 871, 1979 Fla. App. LEXIS 14007 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

This is an appeal from a judgment of conviction for burglary of a structure. By information it was alleged that the appellant had burglarized a structure owned by the City of Fort Pierce. At trial no evidence was offered to establish ownership of the structure involved. Neither was there any evidence offered to show what entity operated or possessed the structure involved. Hence, the proof at trial was insufficient to sustain appellant’s conviction for burglary. Covington v. State, 359 So.2d 563 (Fla. 4th DCA 1978). Accordingly, the judgment of conviction is reversed with directions that the appellant, Wilbert Kirkland, be discharged.

ANSTEAD and BERANEK, JJ., and SIEGENDORF, ARDEN M., Associate Judge, concur.

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PER CURIAM.

This is an appeal from a judgment of conviction for burglary of a structure. By information it was alleged that the appellant had burglarized a structure owned by the City of Fort Pierce. At trial no evidence was offered to establish ownership of the structure involved. Neither was there any evidence offered to show what entity operated or possessed the structure involved. Hence, the proof at trial was insufficient to sustain appellant’s conviction for burglary. Covington v. State, 359 So.2d 563 (Fla. 4th DCA 1978). Accordingly, the judgment of conviction is reversed with directions that the appellant, Wilbert Kirkland, be discharged.

ANSTEAD and BERANEK, JJ., and SIEGENDORF, ARDEN M., Associate Judge, concur.

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366 So. 2d 871, 1979 Fla. App. LEXIS 14007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkland-v-state-fladistctapp-1979.

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