Legal Opinion

J.L. v. State

District Court of Appeal of Florida

Decided March 25, 2011No. 5D10-1907PublishedCited by 2 opinions

1Opinion of the CourtEvander, J.

J.L. was found guilty, after an adjudicatory hearing, of burglary of a dwelling and petit theft. ' He appeals the trial court’s denial of his motion for judgment of dismissal ' as to the burglary count only.1 Specifically, J.L. contends that the State failed to prove that the yard from which the victim’s personal property was taken was sufficiently enclosed so as to constitute curtilage of the victim’s house. We agree.

The evidence established that J.L. stole a go-cart, a four-wheeler, and a skateboard from the victim’s yard. These items were leaning against the side of the victim’s residence.…

2Cases cited3 opinions

  1. State v. HamiltonSupreme Court of Florida · 1995
  2. I.T. v. StateSupreme Court of Florida · 1997
  3. Martinez v. StateDistrict Court of Appeal of Florida · 1997

3Cited by2 opinions

  1. Dicks v. StateDistrict Court of Appeal of Florida · 2011
  2. Jennifer Liza Krasner v. State of FloridaDistrict Court of Appeal of Florida · 2025

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