Colbert v. State

Harley Colbert appeals his judgment of conviction and sentence, arguing the trial court erred in denying his motion to dismiss the information charging him with burglary of a dwelling under section 810.02(3)(b), Florida Statutes (2010). Colbert contends the area from which he stole a bicycle was not an “attached porch” and does not fall within the definition of a “dwelling” as provided in section 810.011(2), Florida Statutes (2010). We agree and reverse.

The victim, Alejandro Rojas, resided in a two-story townhouse. Protruding from underneath the townhouse’s front door was a concrete pad that…