Legal Opinion · Concurrence

K.H., A Child v. State of Florida

District Court of Appeal of Florida

Decided March 20, 2016No. 1D15-4126Published

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

  1. Smith v. StateDistrict Court of Appeal of Florida · 1994

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