Davis v. State

Appellant was lawfully in an open convenience store, but then went into an “employees only,” room and took $400. His conviction for burglary of a structure was enhanced to a second degree felony because the structure was occupied. He argues that, because the employees only room was not occupied, the enhancement was error. We agree, because our burglary statute, in light of case law, is unclear as to what is an occupied structure under these facts.

Under our burglary statute, section 810.02(l)(b), entering a structure with the intent to commit an offense therein is a burglary, “unless the…