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453 So. 2d 168

J.E.S. v. State

District Court of Appeal of Florida · decided 1984-07-19

Cited by 5 later decisions — most recently October 1997

5 state decisions

Key passage — most relied on by later courts

“means a building ... of any kind ... together with the curtilage thereof.”

quoted by 1 later decision, including 622 So. 2d 1333 - Baker v. State

Relies on Baldwin v. Wainwright · State v. Musselwhite

Good law ✅— No negative treatment on recordhow we know

Decided 1984-07-19

View the full empirical analysis of this case →

MILLS, Judge.

¶1The sole issue raised by this appeal from an order adjudicating J.E.S. guilty of burglary of a dwelling is whether a bicycle stolen by him from the driveway of the victim’s home was within the curtilage of the home. It was.

¶2Section 810.011(2), Florida Statutes (1983), defines a “dwelling” as “a building or conveyance of any kind ... together with the curtilage thereof.” (Emphasis added) Likewise, a “structure” is defined in Section 810.011(1) as “a building of any kind ... together with the curtilage thereof.” (Emphasis added)

¶3In Joyner v. State, 303 So.2d 60 (Fla. 1st DCA 1974), this court held that “[jjust as the yard, horse-lot and stables used in connection with a dwelling in bygone days were considered as part of the curtilage, so are garages, driveways and parking areas of today.”

¶4In State v. Musselwhite, 402 So.2d 1235 (Fla. 2d DCA 1981), the Second District Court of Appeal held that “[w]e agree with the Joyner court and hold that a driveway to one’s residence is within the curtilage of that property.”

¶5Although the cited cases involved search and seizure issues rather than burglary of a dwelling issue, in my opinion, a curtilage is a curtilage is a curtilage.

¶6Having determined the issue raised by J.E.S. adversely to him, we affirm the order.

SHIVERS and WIGGINTON, JJ., concur.
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