Dumervil v. State

Wesly Dumervil, the defendant, was charged with burglary of a structure and third-degree grand theft. At the defendant’s trial, the arresting officer testified that he had responded to a call that a possible burglary was in progress at a restaurant. The officer arrived at the restaurant within two minutes after receiving the dispatch. He saw the defendant and another person at the rear of the restaurant placing what appeared to be appliances into a box. The rear metal door of the restaurant had been pried open, and the box was approximately five to eight feet from the door.

In this appeal, the…