R. E. S. v. State

THOMPSON, Judge.

The appellants were charged with and convicted of burglary of an automobile. On .appeal, they contend that the act of siphoning gasoline from an automobile will not support a charge of or conviction for burglary, which is defined as “entering or re*1220maining in a structure or a conveyance with the intent to commit an offense therein” § 810.02(1), Fla.Stat. We agree and reverse.

The appellants were apprehended as they attempted to siphon gasoline from two (2) cars. They were charged with burglary of a conveyance under § 810.02, Fla.Stat., and petit theft under § 812.014(2)(c),…