L.S. v. State

ADKINS, Justice.

Petitioner, a juvenile, seeks our review of the following question:

Whether the state may attempt to establish the element of intent in a burglary prosecution by use of the presumption of intent statute, section 810.07, Florida Statutes, where the charging document alleged that the defendant entered with the intent to commit a specified offense.

The Third District Court of Appeal answered in the affirmative and upheld petitioner’s burglary conviction. L.S. v. State, 446 So.2d 1148 (Fla. 3d DCA 1984). That decision expressly and directly conflicts with the opinion in Bennett v.…