State v. Herron
2011 Fla. App. LEXIS 14950
| Fla. Dist. Ct. App. | 2011Background
- State charged Herron with burglary (dwelling/battery), resisting/obstructing police, and unlawfully touching a police dog; jury found him guilty on all three counts.
- Herron moved for judgment of acquittal; trial court granted acquittal on count I, burglary with battery.
- Herron climbed the balcony of his ex-girlfriend Gonzalez's third-floor apartment and Gonzalez allowed him inside.
- Herron refused to leave after being asked; he entered a bedroom, found a man hiding, and a fight ensued; Gonzalez was struck and hurt.
- Gonzalez testified Herron kicked her and threw a book bag that hit her face; the dispute involved another man in the apartment.
- Issue centers on whether Herron entered with intent to commit a battery or merely to sleep, and whether remaining in the apartment can constitute burglary with the intent to commit a battery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burglary element: intent to commit an offense | State: evidence supports remaining with intent to commit battery | Herron: no evidence of intent to commit battery upon entry | Conviction for burglary with battery affirmed as to intent to commit battery |
Key Cases Cited
- Washington v. State, 737 So.2d 1208 (Fla.1st DCA 1999) (intent questions for burglary concerns jury)
- Stone v. State, 899 So.2d 421 (Fla.5th DCA 2005) (burglary elements require entering/remain with intent to commit offense)
- Davis v. State, 736 So.2d 27 (Fla.4th DCA 1999) (reiterates burglary intent standard)
- Pagan v. State, 830 So.2d 792 (Fla.2002) (de novo standard for judgment of acquittal; sufficiency review)
- Banks v. State, 732 So.2d 1065 (Fla.1999) (reasonable doubt standard for intent in burglary)
- Harris v. State, 48 So.3d 922 (Fla.5th DCA 2010) (remaining in dwelling with revoked license can support burglary)