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Young v. State

District Court of Appeal of Florida, Third District
Jul 1, 2009
13 So. 3d 537 (Fla. Dist. Ct. App. 2009)

Summary

holding that "there is a crime of burglary with intent to commit the underlying offense of resisting without violence, which occurs . . . when a person fleeing from a lawful attempted arrest enters a structure without permission in order to evade capture"

Summary of this case from Neal v. State

Opinion

No. 3D07-2947.

July 1, 2009.

Appeal from the Circuit Court, Miami-Dade County, Lawrence A. Schwartz, J.

Carlos J. Martinez, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee.

Before SUAREZ and SALTER, JJ., and SCHWARTZ, Senior Judge.


Notwithstanding a contrary suggestion in ill-advised dicta in Gaskin v. State, 869 So.2d 646, 647 n. 1 (Fla. 3d DCA 2004), there is a crime of burglary with intent to commit the underlying offense of resisting without violence, which occurs, as in this case, when a person fleeing from a lawful attempted arrest enters a structure without permission in order to evade capture. See Jean-Marie v. State, 947 So.2d 484 (Fla. 3d DCA 2006); Nicarry v. State, 795 So.2d 1114 (Fla. 5th DCA 2001); Britton v. State, 604 So.2d 1288 (Fla. 2d DCA 1992); Burton v. State, 925 A.2d 503 (Del. 2007); Patrick v. State, 922 A.2d 415 (Del. 2007); State v. Williams, 229 N.J.Super. 179, 550 A.2d 1298 (1988). Because the evidence supports the jury's finding that the defendant was guilty of that offense — and there is no harmful error — the judgment below is affirmed.


Summaries of

Young v. State

District Court of Appeal of Florida, Third District
Jul 1, 2009
13 So. 3d 537 (Fla. Dist. Ct. App. 2009)

holding that "there is a crime of burglary with intent to commit the underlying offense of resisting without violence, which occurs . . . when a person fleeing from a lawful attempted arrest enters a structure without permission in order to evade capture"

Summary of this case from Neal v. State
Case details for

Young v. State

Case Details

Full title:Marcus YOUNG, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jul 1, 2009

Citations

13 So. 3d 537 (Fla. Dist. Ct. App. 2009)

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