Frederick v. State

COBB, Judge.

The issue in this case is whether or not the state can rely on the burglary presump*1067tive intent statute, section 810.07, Florida Statutes (1981),1 when it has charged an intent to commit a specific offense. The Second District has held that the state, under such circumstances, may not rely on the presumption. T.L.J. v. State, 449 So.2d 1008 (Fla. 2d DCA 1984); Bennett v. State, 438 So.2d 1034 (Fla. 2d DCA 1983). The Third District takes the opposite position, based upon the following rationale:

If the state were precluded from using the presumption by virtue of charging the intent…