Jones v. State, No. 1D00-2878.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPADOVANO, J.
Citation790 So.2d 1194
Decision Date03 August 2001
Docket NumberNo. 1D00-2878.
PartiesDennis Ray JONES, Jr., Appellant, v. STATE of Florida, Appellee.

790 So.2d 1194

Dennis Ray JONES, Jr., Appellant,
v.
STATE of Florida, Appellee

No. 1D00-2878.

District Court of Appeal of Florida, First District.

August 3, 2001.


790 So.2d 1195
Nancy A. Daniels, Public Defender and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant

Robert A. Butterworth, Attorney General and Robert L. Martin, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

EN BANC

PADOVANO, J.

We conclude that the evidence presented at trial was sufficient to support a conviction for the crime of burglary. Therefore, we reject the defendant's argument that the trial court should have granted his motion for a judgment of acquittal. Because the defendant has not shown that the trial court committed reversible error in any other respect, his conviction for burglary is affirmed.

The defendant, Dennis Ray Jones, was charged with the crimes of burglary while armed and aggravated battery. These charges were based on an accusation that the defendant entered a mobile home occupied by Andrina Dorsey and then attacked her with a knife once inside. Ms. Dorsey and the defendant were previously involved with each other in a personal relationship. They are not married and do not presently live together, but they are the natural parents of two children. Occasionally, the defendant would come to see Ms. Dorsey to speak with her about the children.

At one time, the defendant had a key to the mobile home, but Ms. Dorsey took the key back prior to the incident giving rise to the charges in this case. The defendant continued to visit Ms. Dorsey and the children at the mobile home. However, there is no evidence that he entered the residence

790 So.2d 1196
without permission at any time after the key had been returned

On the night of July, 15, 1999, Ms. Dorsey got up to adjust her air conditioner and discovered the defendant standing inside her mobile home. She was surprised, because she had not invited the defendant to come into her home that night. The defendant walked toward her, and she noticed that he was holding something in his hand. At that point, Ms. Dorsey fell to the floor and put her hands over her face. She testified that she was afraid that the defendant was about to hit her.

Although she never saw the object the defendant was holding in his hand, Ms. Dorsey testified that she felt a knife as it went across her fingers. She screamed and asked the defendant not to hurt her. The defendant helped her up, brought her into the bedroom, and gave her a shirt which she used to wrap her hand to stop the bleeding. He said that he didn't mean to cut her. Ms. Dorsey told the defendant that she was going to call the police, and the defendant then left.

At the close of the state's case, the defendant moved for a judgment of acquittal on the burglary charge. He argued that the evidence was insufficient to prove that he had entered the residence without the victim's consent. The trial court concluded that the evidence was sufficient to establish a prima facie case of burglary and therefore denied the motion.

The jury found the defendant guilty of the lesser crime of burglary, and not guilty of the crime of aggravated battery. Subsequently, the trial judge adjudicated the defendant guilty of burglary and placed him on probation for three years. An appeal was timely filed to this court. Here, as in the trial court, the defendant contends that the evidence is insufficient to show that the entry was without consent.

We have decided to hear this case en banc to resolve a conflict in our opinions regarding the applicable standard of review.1 In State v. Williams, 742 So.2d 509 (Fla. 1st DCA 1999), this court stated that an order on a motion for a judgment of acquittal is reviewed by the de novo standard, yet in Whetstone v. State, 778 So.2d 338 (Fla. 1st DCA 2000), Lee v. State, 745 So.2d 1036 (Fla. 1st DCA 1999), Moore v. State, 537 So.2d 693 (Fla. 1st DCA 1989), and Barnett v. State, 444 So.2d 967 (Fla. 1st DCA 1983), the court said that such an order is reviewed by the abuse of discretion standard. For the reasons that follow, we adhere to our decision in Williams and hold that an order on a motion for a judgment...

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87 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...794 So.2d 758 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Jones v. State, 790 So.2d 1194 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Morris v. State, 789 So.2d 1032 (Fla. 1st DCA 2001......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...794 So.2d 758 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Jones v. State, 790 So.2d 1194 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Morris v. State, 789 So.2d 1032 (Fla. 1st DCA 2001......
  • Ramos v. Sec'y, Case No. 3:15-cv-904-J-34PDB
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • April 24, 2018
    ...standard, we review the evidence in a light most favorable to the State, drawing all reasonable inferences in its favor. Jones v. State, 790 So.2d 1194, 1196-97 (Fla. 1st DCA 2001).The totality of the circumstances encompasses events both on the day of Nathan's death and at times leading up......
  • Walker v. Sec'y, Fla. Dep't of Corr., Case No. 3:16-cv-1428-J-34JBT
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • April 17, 2019
    ...not one of the weight of the evidence, but, rather, "is whether the evidence is legally adequate to support the charge." Jones v. State, 790 So. 2d 1194, 1197 (Fla. 1st DCA 2001). Further, a motion for judgment of acquittal should not be granted "unless the evidence is such that no view whi......
  • Request a trial to view additional results
87 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...794 So.2d 758 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Jones v. State, 790 So.2d 1194 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Morris v. State, 789 So.2d 1032 (Fla. 1st DCA 2001......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...794 So.2d 758 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Jones v. State, 790 So.2d 1194 (Fla. 1st DCA 2001) (en banc decision released without antecedent publication of panel decision); Morris v. State, 789 So.2d 1032 (Fla. 1st DCA 2001......
  • Ramos v. Sec'y, Case No. 3:15-cv-904-J-34PDB
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • April 24, 2018
    ...standard, we review the evidence in a light most favorable to the State, drawing all reasonable inferences in its favor. Jones v. State, 790 So.2d 1194, 1196-97 (Fla. 1st DCA 2001).The totality of the circumstances encompasses events both on the day of Nathan's death and at times leading up......
  • Walker v. Sec'y, Fla. Dep't of Corr., Case No. 3:16-cv-1428-J-34JBT
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • April 17, 2019
    ...not one of the weight of the evidence, but, rather, "is whether the evidence is legally adequate to support the charge." Jones v. State, 790 So. 2d 1194, 1197 (Fla. 1st DCA 2001). Further, a motion for judgment of acquittal should not be granted "unless the evidence is such that no view whi......
  • Request a trial to view additional results

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