Hill v. State

DOWNEY, Judge.

Appellant was charged with, among other things, breaking and entering a storehouse or vessel, to wit, a gasoline storage tank, with intent to commit petit larceny in violation of § 810.05, F.S.1973. Upon denial of his motion to dismiss, appellant pleaded nolo contendere, reserving the right to appeal.

Appellant was arrested when caught in the process of siphoning gasoline from an underground gasoline storage tank at a service station. At the time of the incident there were about 600 gallons of gasoline in the tank. Entrance to the tank was made by removing a metal manhole-type…