State v. Pickens

Pursuant to an oral motion, the trial court reduced the charge of burglary of an unoccupied conveyance to trespass, finding that the defendant had no intent to commit a theft while unlawfully in the vehicle. The defendant concedes here, correctly, that the intent to commit an offense therein, the essential element to the greater offense, is a question of fact to be determined by a jury. See State v. Wise, 464 So.2d 1245 (Fla. 1st DCA), rev. denied, 476 So.2d 676 (Fla.1985) and State v. Cataldo, 539 So.2d 16 (Fla. 2d DCA 1989).

Reversed and remanded.