98 So. 3d 238
Fla. Dist. Ct. App.2012Background
- T.W. appeals the denial of dismissal for burglary, injuring a police dog, and resisting arrest without violence.
- The state alleged burglary of a conveyance, injury to a police dog, and resisting arrest, based on events on September 26, 2010.
- Deputy Henken observed youths near and one inside an SUV; T.W. stood by the passenger door and fled when approached.
- K-9 Rocky located suspects; Rocky engaged with T.W., biting his leg, while T.W. kicked Rocky and punched the dog.
- Rocky bled but reportedly recovered quickly; no permanent injury or vet treatment was documented; T.W. testified he was merely an observer accompanying friends.
- The trial court denied motions for judgment of dismissal on both burglary and injuring a police dog; T.W. was adjudicated delinquent and sentenced to concurrent terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burglary—whether T.W. entered the SUV or aided the burglary | T.W. did not enter or touch the SUV and did not aid the crime | T.W. engaged in activities that supported the burglary as a principal | Burglary as a principal was not proven; conviction reversed and dismissed |
| Injuring a police dog—whether Rocky suffered great bodily harm | Rocky suffered some harm but not “great bodily harm” as required | Rocky suffered substantial harm during the encounter | Conviction reversed for lack of proof of great bodily harm |
| Disposition review—whether remand for a new disposition hearing was appropriate | Elimination of felonies may affect sentence for resisting arrest | New disposition should follow after vacating felonies | Remanded for new disposition hearing on resisting arrest without violence |
Key Cases Cited
- Theophile v. State, 78 So.3d 574 (Fla. 4th DCA 2011) (requires intent and aiding actions to sustain principal liability in burglary)
- AS.F. v. State, 70 So.3d 754 (Fla. 4th DCA 2011) (flight from scene alone does not prove participation)
- A.L.J. v. State, 12 So.3d 873 (Fla. 4th DCA 2009) (standard for legal sufficiency in juvenile judgments or dismissals)
- J.D.M. v. State, 82 So.3d 1134 (Fla. 2d DCA 2012) (one-year cap on misdemeanor confinement; excessive sentence constitutes error)
- T.L.T. v. State, 53 So.3d 1100 (Fla. 4th DCA 2011) (remand for new disposition after vacating charges when sentence may be affected)