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O'Bryan v. State

District Court of Appeal of Florida, Fourth District
Jun 28, 1978
359 So. 2d 545 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-870.

May 31, 1978. Rehearing Denied June 28, 1978.

Appeal from the Circuit Court, St. Lucie County, Wallace Sample, J.

Richard L. Jorandby, Public Defender, and Frank B. Kessler, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Glenn H. Mitchell, Asst. Atty. Gen., West Palm Beach, for appellee.


By amended information appellant was charged with burglary of a motor vehicle in violation of Section 810.02, Florida Statutes (1975). The information alleged the vehicle was "the property of Strazulla Brothers Co., Inc." The proof of ownership relied on by the State was adduced through Joseph P. Strazulla, President of Strazulla Brothers Co., Inc. He referred to the vehicle in question as "my girl's car" which he was driving on the occasion of the burglary. He also referred to the car as "my car" when describing the proximity of appellant's automobile to the vehicle in question.

The recent cases holding that ownership is any possession that is rightful as against the burglar would seem to make it rather easy for the State to prove "ownership" of the burglarized property. However, the State still must prove the allegations as laid in the information. We find the proof here woefully inadequate.

In the Interest of M.E., 357 So.2d 1052 (Fla. 4th DCA 1978); Anderson v. State, 356 So.2d 382 (Fla. 3d DCA 1978); Dorsey v. State, 324 So.2d 159 (Fla. 1st DCA 1975).

Accordingly, the judgment appealed from is reversed and the cause is remanded with directions to discharge the appellant.

REVERSED AND REMANDED with directions.

CROSS and DAUKSCH, JJ., concur.


Summaries of

O'Bryan v. State

District Court of Appeal of Florida, Fourth District
Jun 28, 1978
359 So. 2d 545 (Fla. Dist. Ct. App. 1978)
Case details for

O'Bryan v. State

Case Details

Full title:JAMES ARTHUR O'BRYAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 28, 1978

Citations

359 So. 2d 545 (Fla. Dist. Ct. App. 1978)

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