State v. Rolle, 577 So. 2d 997 (Fla. 4th DCA 1991). · Go Syfert
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State v. Rolle, 577 So. 2d 997 (Fla. 4th DCA 1991). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: State v. Hamilton (fla, 1995-09-14)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" State v. Hamilton
Fla. · 1995 · signal: see · confidence high
See State v. Rolle, 577 So.2d 997 (Fla. 4th DCA 1991) (defendant's truck went through gate and backed in through garage door); T.J.T. v. State, 460 So.2d 508 (Fla. 3rd DCA 1984) (defendant attempted to remove window from home with fenced-in yard); Tobler v. State, 371 So.2d 1043 (Fla. 1st DCA), cert. denied, 376 So.2d 76 (Fla. 1979) (defendant entered premises after cutting lock off gate to a fence surrounding business); DeGeorge v. State, 358 So.2d 217 (Fla. 4th DCA 1978) (defendant removed motors from boats parked on paved area of premises partially enclosed by a fence and a brick wall); Gre…
discussed Cited "see" Hamilton v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See State v. Rolle, 577 So.2d 997 (Fla. 4th DCA 1991) (defendant's truck went through gate and backed in through garage door); T.J.T. v. State, 460 So.2d 508 (Fla. 3d DCA 1984) (defendant attempted to remove window from home with fenced-in yard); Tobler v. State, 371 So.2d 1043 (Fla. 1st DCA), cert. denied, 376 So.2d 76 (Fla. 1979) (defendant entered premises after cutting lock off gate to a fence surrounding business); DeGeorge v. State, 358 So.2d 217 (Fla. 4th DCA 1978) (defendant removed motors from boats parked on paved area of premises partially enclosed by a fence and a brick wall); Gree…
Retrieving the full opinion text from the archive…
STATE of Florida, Appellant,
v.
Alfred B. ROLLE, Appellee.
90-0462.
District Court of Appeal of Florida, Fourth District.
Apr 10, 1991.
577 So. 2d 997
Per Curiam.
Cited by 3 opinions  |  Published

Robert A. Butterworth, Atty. Gen., Tallahassee and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

Patrick C. Rastatter of Glass & Rastatter, P.A., and Marc Finkelstein, Fort Lauderdale, for appellee.

PER CURIAM.

The order granting the defendant's motion to dismiss the charges of burglary[*998] of a structure and grand theft is reversed. Appellee was charged with unlawfully entering a structure "or the curtilage thereof." His sworn motion to dismiss indicated that the truck under which Mr. Rolle was seen emerging "had been backed in through the garage door." The officer's testimony on which appellee also relied indicated that the truck went through a gate.

In DeGeorge v. State, 358 So.2d 217 (Fla. 4th DCA 1978), we held that the "curtilage" applied to commercial structures as well as that of a dwelling place. A person is guilty of burglary by entering or remaining in a structure which by definition includes its curtilage. § 810.011(1) and § 810.02(1), Fla. Stat. (1989). The evidence here makes out a prima facie case that appellee was on the curtilage of the commercial building. The question of his intent in being there is not a proper issue to be decided on a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4). State v. Evans, 394 So.2d 1068 (Fla. 4th DCA 1981).

We therefore reverse and remand for further proceedings.

GLICKSTEIN, DELL and WARNER, JJ., concur.