Legal Opinion

B.R.W. v. State

District Court of Appeal of Florida

Decided September 15, 2017No. Case No. 2D16-664Published

1Opinion of the Court

ROTHSTEIN-YOUAKIM, Judge.

B.R.W. appeals the disposition order adjudicating him delinquent for burglary of an unoccupied conveyance. See § 810.02(l)(b)(l), (4)(b), Fla. Stat. (2014). He argues that the trial court erred in denying his motion for a judgment of dismissal because the evidence failed to establish the ownership of the conveyance alleged to have been burglarized. We agree, reverse B.R.W.’s disposition, and remand for dismissal of the delinquency petition.

Background

The State charged B.R.W. with unlawfully entering or remaining in “a certain conveyance, to-wit: vehicle, the property…

2Cases cited5 opinions

  1. In Interest of MESupreme Court of Florida · 1979
  2. D.S.S. v. StateSupreme Court of Florida · 2003
  3. L.D.S. v. StateDistrict Court of Appeal of Florida · 2001
  4. B.M. v. StateDistrict Court of Appeal of Florida · 2017
  5. J.A.M. v. StateDistrict Court of Appeal of Florida · 2011

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