Rodney L. Long Jr. v. State of Florida

I concur in the majority’s reasoning and disposition as to Count I, burglary of the Webb residence. I respectfully dissent as to Count II, burglary of the McGowan residence, because I conclude that the record supports applying the same reasoning and disposition to Count II.

Just as the intentional act of committing theft in the Webb residence was not in dispute, the intentional act of resisting an officer after that burglary was not in dispute. Officer Baker, after being dispatched to the Webb residence shortly after 5:00 a.m. and observing that it had been broken into, saw someone beside the…