Public-domain · open source
OpenJurist

565 So. 2d 913

State v. Pickens

District Court of Appeal of Florida

Decided August 28, 1990

District Court of Appeal of Florida · decided 1990-08-28

Relies on 476 So. 2d 671 - Marquez v. State · 464 So. 2d 1245 - State v. Wise · 539 So. 2d 16 - State v. Cataldo

Decided 1990-08-28

PER CURIAM.

¶1Pursuant to an oral motion, the trial court reduced the charge of burglary of an unoccupied conveyance to trespass, finding that the defendant had no intent to commit a theft while unlawfully in the vehicle. The defendant concedes here, correctly, that the intent to commit an offense therein, the essential element to the greater offense, is a question of fact to be determined by a jury. See State v. Wise, 464 So.2d 1245 (Fla. 1st DCA), rev. denied, 476 So.2d 676 (Fla.1985) and State v. Cataldo, 539 So.2d 16 (Fla. 2d DCA 1989).

¶2Reversed and remanded.

/565/so2d/913 · .json · Public domain