Ratliff v. State
Cases that cite this one
3 later published cases cite this decision.
- Young v. State (Fla. 2013)
- Ratliff v. State (Fla. 1996)
- Anderson 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
Walter Lee Ratliff appeals his conviction for burglary of a dwelling, arguing that the building in question, a newly built but unoccupied home, was not a dwelling for purposes of section 810.02(3), Florida Statutes. See § 810.011(2), Fla.Stat. We reject this argument and affirm the conviction based on the holding in Perkins v. State, 630 So.2d 1180 (Fla. 1st DCA 1994), cause dismissed, reh’g granted, No. 86,248, — So.2d — (Fla. Dec. 20, 1995). As in Perkins, we certify to the Supreme Court the following question of great public importance:
DO THE 1982 AMENDMENTS TO CHAPTER 810, FLORIDA STATUTES, SUPERSEDE THE COMMON-LAW DEFINITION OF A DWELLING,*1091 WHEREBY A STRUCTURE’S DESIGN OR SUITABILITY FOR HABITATION, RATHER THAN ACTUAL OCCUPANCY OR INTENT TO OCCUPY, IS CONTROLLING IN DETERMINING WHETHER A STRUCTURE CONSTITUTES A DWELLING.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.