Legal Opinion

Washington v. State

District Court of Appeal of Florida

Decided May 8, 2009No. 5D08-840PublishedCited by 1 opinion

1Opinion of the CourtTorpy, J.

Appellant challenges his conviction for burglary of a dwelling. He argues that he *981was entitled to a judgment of acquittal because he was a co-lessee of the residence he allegedly burglarized. Because the evidence, when viewed in the light most favorable to the State, presented a question of fact as to whether the victim’s possesso-ry interest in the residence was superior to Appellant’s at the time of the burglary, we affirm.

In January 2007, Appellant and the victim, Jantia Lofton, leased a home and began cohabitating. In mid-March 2007, Lofton asked Appellant to move out of the house after…

2Cases cited2 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 2001
  2. Whetstone v. StateDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Washington v. StateDistrict Court of Appeal of Florida · 2009

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