Covington v. State, 77-1103
| Decision Date | 07 June 1978 |
| Docket Number | No. 77-1103,77-1103 |
| Citation | 359 So.2d 563 |
| Parties | Jessie James COVINGTON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, Joseph R. Atterbury, Legal Intern, and Frank B. Kessler, Chief, Appellate Division, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.
This is an appeal from a judgment and sentence for the crime of burglary wherein the defendant was alleged to have committed a burglary at the Middle Six School located at Gifford in Indian River County, Florida. The information alleged that the school was the property of Indian River County. At trial, the vice-principal of the school testified that the school was "run" by the Board of Public Instruction of Indian River County.
In burglary prosecutions, it has been repeatedly held that the allegation of ownership of a building alleged to have been burglarized must be proved as alleged. Smith v. State, 96 Fla. 30, 117 So. 377 (1928); Salerno v. State, 347 So.2d 659, 662 (Fla. 4th DCA 1977). Proof of ownership is an essential element of the offense of burglary.
In the instant case, the proof of ownership of the property was insufficient to sustain the conviction. While the Board of Public Institution "ran" the school, this does not indicate that Indian River County "owned" the school. Thus, the probata does not sustain the allegata and the state failed to produce any evidence of the actual ownership of the school property.
Appellant's conviction for burglary must be, and is, REVERSED and REMANDED for a new trial. Salerno, supra; Mitchell v. State, 317 So.2d 465 (Fla. 4th DCA 1975). See also, State v. Ward, 354 So.2d 125 (Fla. 3d DCA 1978).
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DSS v. State
...review D.S.S. v. State, 806 So.2d 554 (Fla. 2d DCA 2002), which expressly and directly conflicts with the decision in Covington v. State, 359 So.2d 563 (Fla. 4th DCA 1978). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We approve the decision below and disapprove On the evening o......
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Z.B. v. State, 90-1172
...See S.N. v. State, 463 So.2d 343, 344 (Fla. 5th DCA 1985); cf. State v. Mitchell, 486 So.2d 63 (Fla. 4th DCA 1986); Covington v. State, 359 So.2d 563 (Fla. 4th DCA 1978). Beyond that, the trial court also erred in improperly excluding a defense witness from testifying at trial without condu......
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Anderson v. State, BI-335
...charge in that the State failed to prove the allegation of ownership made in the charging information, relying on Covington v. State, 359 So.2d 563 (Fla. 4th DCA 1978). In Covington, the information alleged that the building was owned by the county, but the proof at trial showed only that i......
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Kirkland v. State
...the structure involved. Hence, the proof at trial was insufficient to sustain appellant's conviction for burglary. Covington v. State, 359 So.2d 563 (Fla. 4th DCA 1978). Accordingly, the judgment of conviction is reversed with directions that the appellant, Wilbert Kirkland, be ANSTEAD and ......