McCoy v. State

Arthur McCoy appeals his conviction for burglary of a dwelling in violation of section 810.02(3), Florida Statutes (1995). McCoy argues that the trial court should have granted his motion for judgment of acquittal because the State failed to present any evidence to negate his consent defense. We agree and reverse.

Section 810.02(1), Florida Statutes (1995), defines burglary:

“Burglary” means the entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or…