T.W. v. State
District Court of Appeal of Florida
1Opinion of the CourtCiklin, J.
Introduction
T.W. appeals the trial court’s denial of a motion for dismissal of the charges against him for burglary and injuring a police dog. We conclude that the burglary conviction should have been dismissed because there was no evidence that T.W. intended to aid in the burglary or that he committed any act in furtherance of the burglary. We further hold that the evidence was insufficient to find that the police dog suffered “great bodily harm” under section 843.19(2), Florida Statutes (2010), as a result of his encounter with T.W., and reverse that conviction as well. We also remand for a…
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