Florida District Courts of Appeal, 1979

Kirkland v. State

Florida District Courts of Appeal · Decided January 31, 1979 · Anstead, Arden, Beranek, Siegendorf

366 So. 2d 871; 1979 Fla. App. LEXIS 14007 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

In Interest of MM (Fla. Dist. Ct. App. 1990)
DSS v. State (Fla. Dist. Ct. App. 2002)
D.S.S. v. State (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from a judgment of conviction for burglary of a structure. By information it was alleged that the appellant had burglarized a structure owned by the City of Fort Pierce. At trial no evidence was offered to establish ownership of the structure involved. Neither was there any evidence offered to show what entity operated or possessed the structure involved. Hence, the proof at trial was insufficient to sustain appellant’s conviction for burglary. Covington v. State, 359 So.2d 563 (Fla. 4th DCA 1978). Accordingly, the judgment of conviction is reversed with directions that the appellant, Wilbert Kirkland, be discharged.

ANSTEAD and BERANEK, JJ., and SIEGENDORF, ARDEN M., Associate Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.