J.E.S. v. State

MILLS, Judge.

The sole issue raised by this appeal from an order adjudicating J.E.S. guilty of burglary of a dwelling is whether a bicycle stolen by him from the driveway of the victim’s home was within the curtilage of the home. It was.

Section 810.011(2), Florida Statutes (1983), defines a “dwelling” as “a building or conveyance of any kind ... together with the curtilage thereof.” (Emphasis added) Likewise, a “structure” is defined in Section 810.011(1) as “a building of any kind ... together with the curtilage thereof.” (Emphasis added)

In Joyner v. State, 303 So.2d 60 (Fla. 1st DCA 1974),…