Florida District Courts of Appeal, 2009

Young v. State

Young v. State
Florida District Courts of Appeal · Decided July 1, 2009 · Suarez, Salter, Schwartz
13 So. 3d 537; 2009 Fla. App. LEXIS 8702; 2009 WL 1872470 (Southern Reporter, Third Series)

Young v. State

Opinion

SCHWARTZ, Senior Judge.

Notwithstanding a contrary suggestion in ill-advised dicta in Gaskin v. State, 869 So.2d 646, 647 n. 1 (Fla. 3d DCA 2004), there is a crime of burglary with intent to commit the underlying offense of resisting without violence, which occurs, as in this case, when a person fleeing from a lawful attempted arrest enters a structure without permission in order to evade capture. *538 See Jean-Marie v. State, 947 So.2d 484 (Fla. 3d DCA 2006); Nicarry v. State, 795 So.2d 1114 (Fla. 5th DCA 2001); Britton v. State, 604 So.2d 1288 (Fla. 2d DCA 1992); Burton v. State, 925 A.2d 503 (Del. 2007); Patrick v. State, 922 A.2d 415 (Del. 2007); State v. Williams, 229 N.J.Super. 179, 550 A.2d 1298 (1988). Because the evidence supports the jury’s finding that the defendant was guilty of that offense — and there is no harmful error — the judgment below is affirmed.

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