J.Y. v. State

J.Y., a juvenile, appeals an adjudication of delinquency of burglary of a conveyance. We reverse.

The trial court erred in finding J.Y. guilty of the burglary charge. The evidence was insufficient to establish the crime of burglary of a conveyance: despite a bystander’s observation of J.Y. leaning into a vehicle, the state did not present any evidence that J.Y. had the intent to commit a crime in the vehicle. § 810.02(1), Fla. Stat. (1995); see K.H. v. State, 620 So.2d 1114 (Fla. 5th DCA 1993)(absent proof of intent to commit offense in dwelling burglary not established); B.D. v. State, 412…