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438 So. 2d 948

State v. Gonzalez

District Court of Appeal of Florida

Decided October 5, 1983

District Court of Appeal of Florida · decided 1983-10-05

Cited by 1 later decisions — most recently August 1986

1 state decisions

Relies on State v. Waters

Good law ✅— No negative treatment on recordhow we know

Decided 1983-10-05

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HERSEY, Judge.

¶1Anthony Gonzalez and Salustiano Cruz were charged with burglary by an information which alleged that these appellees “did unlawfully and stealthily enter a structure located at 315 Southeast Sixth Avenue, Fort Lauderdale, property of Fort Lauder-dale Historical Society, Inc., (Florida Non Profit Corporation) d/b/a Pioneer House, without the consent of said owner or said occupant, with intent to commit an offense therein, contrary to Fla.Stat. 810.02(1), Fla. Stat. 810.02(3) and Fla.Stat. 810.07.”

¶2Gonzalez filed a motion to declare Section 810.07, Florida Statutes (1979), unconstitutional. That motion was denied and no appeal has been taken from that ruling.

¶3Both appellees filed motions to dismiss the information for failure to allege intent to commit a specific offense. Those motions were granted and the state brings this appeal.

¶4We reverse on the authority of State v. Waters, 436 So.2d 66 (Fla.1983) and remand for further appropriate proceedings.

LETTS and GLICKSTEIN, JJ., concur.
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