State v. Pickens

District Court of Appeal of Florida

State v. Pickens

565 So. 2d 913, 1990 Fla. App. LEXIS 6534, 1990 WL 125292

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1990

DocketNo. 89-2828

StatusPublished

This text of 565 So. 2d 913 (State v. Pickens) 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

State v. Pickens, 565 So. 2d 913, 1990 Fla. App. LEXIS 6534, 1990 WL 125292 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Pursuant to an oral motion, the trial court reduced the charge of burglary of an unoccupied conveyance to trespass, finding that the defendant had no intent to commit a theft while unlawfully in the vehicle. The defendant concedes here, correctly, that the intent to commit an offense therein, the essential element to the greater offense, is a question of fact to be determined by a jury. See State v. Wise, 464 So.2d 1245 (Fla. 1st DCA), rev. denied, 476 So.2d 676 (Fla.1985) and State v. Cataldo, 539 So.2d 16 (Fla. 2d DCA 1989).

Reversed and remanded.

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PER CURIAM.

Pursuant to an oral motion, the trial court reduced the charge of burglary of an unoccupied conveyance to trespass, finding that the defendant had no intent to commit a theft while unlawfully in the vehicle. The defendant concedes here, correctly, that the intent to commit an offense therein, the essential element to the greater offense, is a question of fact to be determined by a jury. See State v. Wise, 464 So.2d 1245 (Fla. 1st DCA), rev. denied, 476 So.2d 676 (Fla.1985) and State v. Cataldo, 539 So.2d 16 (Fla. 2d DCA 1989).

Reversed and remanded.

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Bluebook (online)

565 So. 2d 913, 1990 Fla. App. LEXIS 6534, 1990 WL 125292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pickens-fladistctapp-1990.

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