K.H., A Child v. State of Florida
District Court of Appeal of Florida
1ConcurrenceMakar, J.
At around 10:30 p.m., video cameras caught K.H., a juvenile, vaulting the counter of a Watches Plus kiosk located in the middle of the main hallway at the Tallahassee Mall, stealing three cell phones, three $2.00 bills and some postage stamps. He claims he could not have committed the crime of burglary of a structure—for which adjudication was withheld and probation imposed—because the kiosk was not a “structure,” which is defined as “a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.” § 810.011(1), Fla. Stat. (2014). A plain…
2Cases cited1 opinion
- Smith v. StateDistrict Court of Appeal of Florida · 1994