The 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.
Section 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)
In Joyner v. State,
In State v. Musselwhite,
Although 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.
Having determined the issue raised by J.E.S. adversely to him, we affirm the order.
