Legal Opinion

L.D.H. v. State

District Court of Appeal of Florida

Decided February 22, 2017No. 4D16-186PublishedCited by 1 opinion

1Opinion of the CourtGerber, J.

The juvenile appeals from his delinquency adjudication for burglary of a dwelling while wearing a mask. He argues the trial court erred in denying his motion for judgment of dismissal as to the burglary’s “mask” enhancement. Specifically, he argues that because he wrapped the lower part of his face in his shirt during only part of the burglary, and did not conceal his face within the home as shown by the victim’s home security video recording, or during law enforcement’s pursuit and apprehension of him, the state failed to prove that, he covered his face with his shirt in order to conceal his…

2Cases cited2 opinions

  1. Fletcher v. StateDistrict Court of Appeal of Florida · 1985
  2. S.B. v. StateDistrict Court of Appeal of Florida · 2010

3Cited by1 opinion

  1. BOBBY LEE CLARK v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018

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