Van Teamer v. State

SHARP, Judge.

Van Teamer appeals his conviction for burglary of a structure.1 He argues that a jury instruction based on section 810.07, Florida Statutes (1979)2 should not have been given because the information alleged he entered the structure “with the intent to commit an offense therein, to-wit: a theft,” and it failed to allege reliance on the statutory presumption. We think the instruction was proper in this case, and we affirm.

In the case at bar, the trial court gave the standard jury instruction on burglary3 including the provision that the State must prove beyond a reasonable doubt…