Florida District Courts of Appeal, 1995

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided May 10, 1995 · Hersey, Polen, Stevenson
655 So. 2d 163; 1995 Fla. App. LEXIS 5002; 1995 WL 270919 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

STEVENSON, Judge.

We affirm appellant’s conviction for burglary of a dwelling. We cannot agree that the defendant’s self-serving statements concerning his allegedly innocent reasons for breaking and entering into the victim’s home in the early hours of the morning are sufficient to impair the statutory presumption created by section 810.07, Florida Statutes (1989), precluding the case from going to the jury. Pui’suant to section 810.07, proof of entering stealthily and without consent is prima facie evidence of entering with the intent to commit an offense. The jury had the opportunity to evaluate the question of defendant’s intent or lack thereof to commit an offense based on all of the circumstances of the case. The jury obviously resolved that question adversely to the appellant. Finding no error, we affirm.

HERSEY and POLEN, JJ., concur.

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