Jackson v. State, s. 74--42
| Decision Date | 10 September 1974 |
| Docket Number | 74--44,Nos. 74--42,s. 74--42 |
| Citation | 300 So.2d 47 |
| Parties | William James JACKSON and Victor William Boyd, Appellants, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jack R. Nageley, Miami Beach, for appellants.
Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.
Before HENDRY, HAVERFIELD and NATHAN, JJ.
Defendant-appellants, William Jackson and Victor Boyd, were informed against, tried by jury, found guilty and sentenced respectively to ten and five years in the state penitentiary for breaking and entering a dwelling with intent to commit grand larceny.
For their sole point on appeal, appellants contend that the evidence adduced at trial established that they were guilty only of breaking and entering with intent to commit a misdemeanor, to wit: petit larceny. We agree.
This court has held that where the State's only evidence of an intent to commit grand larceny in a case of this nature is that a dwelling house contained property valued in excess of $100, such evidence is not sufficient to prove intent. West v. State, Fla.App.1974, 289 So.2d 758. The evidence adduced at trial in the case at bar consisted of: (1) that the subject dwelling contained property in excess of $100, and (2) the defendants broke into and entered the victim's home only for a minute or two and then ran out without having taken any personalty. Shortly thereafter they were apprehended by the police. Thus, we have determined that the evidence was sufficient to prove only a breaking and entering with intent to commit a misdemeanor, to wit: petit larceny.
Accordingly, the judgments and sentences herein appealed are reversed and the cause is remanded to the trial court with directions to enter judgments against the appellants for breaking and entering with intent to commit a misdemeanor, to wit: petit larceny, and to impose new sentences thereon.
Reversed and remanded with directions.
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State v. Waters
...32 So. 954 (1902); Clifton v. State, 26 Fla. 523, 7 So. 863 (1890); Charles v. State, 36 Fla. 691, 18 So. 369 (1895); Jackson v. State, 300 So.2d 47 (Fla. 3d DCA 1974), cert. denied, 312 So.2d 753 (Fla.1975); Turner v. State, 267 So.2d 882 (Fla. 2d DCA 1972); Dobry v. State, 211 So.2d 603 (......
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State v. Jackson, 46299
...v. William James JACKSON and Victor William Boyd, Respondents. No. 46299. Supreme Court of Florida. April 18, 1975. Certiorari denied. 300 So.2d 47. ADKINS, C.J., and ROBERTS, McCAIN, OVERTON and ENGLAND, JJ., ...