Graham v. State

SHARP, Judge.

This case presents the question of whether, when a defendant is charged with attempted burglary with the intent to commit theft, section 810.02(1), Florida Statutes (1983), and there is proof at trial of an unlawful entry into the residence, albeit *529minimal,1 it is proper for the trial court to give an instruction allowing the jury to find proof of intent to commit theft, based on the statutory presumption set forth in section 810.07, Florida Statutes (1983). That statute provides:

In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any…