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437 So. 2d 1387

State v. Speights

Supreme Court of Florida

Decided September 15, 1983

Supreme Court of Florida · decided 1983-09-15

Cited by 3 later decisions — most recently May 1989

3 state decisions

Relies on State v. Waters · 417 So. 2d 1168 - Gulf & Western Food Products v. Campbell

Good law ✅— No negative treatment on recordhow we know

Decided 1983-09-15

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SHAW, Justice.

¶1This cause is before the Court on petition to review the decision of the district court of appeal in State v. Speights, 417 So.2d 1168 (Fla. 1st DCA 1982). The district court affirmed a trial court order dismissing an information charging burglary under section 810.02, Florida Statutes (1981), for failure to charge the intent to commit a specific offense as part of the burglary charge. In reaching this decision, the district court certified a question of great public importance:

In a prosecution for burglary under section 810.02, Florida Statutes (1981), is it necessary for the State to allege an intent to commit a specific offense?

¶2Id. at 1169. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3The certified question is identical to that which we have since answered in the negative. State v. Waters, 436 So.2d 66 (Fla.1983). The information, however, must allege the essential statutory element of intent to commit an offense. Id.This essential element was properly alleged in the present case.

¶4The decision of the district court of appeal is quashed and the cause is remanded for proceedings consistent with this opinion.

¶5It is so ordered.

ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDonald and EHRLICH, JJ., concur.
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