Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Entering house to throw a party not enough to convict for burglary
December 18, 2008
Topic: Criminal
P.D.T., a minor, entered a home without the permission of the owner with a group of friends. A party ensued where the group drank beer and smoked marijuana. Underage drinking, smoking marijuana and illegal entry into another dwelling are all crimes. P.D.T. filed a motion for judgment of dismissal based on the fact that there was no evidence before trial that the minor entered the dwelling with the intent to commit an offense inside.
P.D.T. was charged with delinquency for burglary of a dwelling. To prove the crime of burglary of a dwelling, the State must prove that the defendant either: entered the dwelling without permission and with the intent to commit an offense therein or following an invited entry, remained in the dwelling surreptitiously, or after permission to remain had been withdrawn, with the intent to commit an offense therein.
The prosecution failed to supply any evidence that P.D.T. had the requisite intent needed to commit a burglary of a dwelling. All the State could prove is that P.D.T. entered the house with the intent to party. There was no evidence that he was aware that there was marijuana or alcohol in the dwelling. As such, the State failed to prove an essential element of the crime.
