Dakes v. State, 545 So. 2d 939 (Fla. 3d DCA 1989). · Go Syfert
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Dakes v. State, 545 So. 2d 939 (Fla. 3d DCA 1989). Cases Citing This Book View Copy Cite
“we hold that although the store itself was open to the public, the closed storeroom to which access was clearly restricted was not part of the premises open to the public, within the scope of section 810.02.”
28 citation events (14 in the last 25 years) across 4 distinct courts.
Strongest positive: State v. O'Connor (kan, 2014-06-13)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. O'Connor
Kan. · 2014 · quote attribution · 1 verbatim quote · confidence high
burglary of an unoccupied structure which is not a dwelling is a felony of the third degree
examined Cited as authority (verbatim quote) Johnson v. State
Fla. Dist. Ct. App. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
we hold that although the store itself was open to the public, the closed storeroom to which access was clearly restricted was not part of the premises open to the public, within the scope of section 810.02.
discussed Cited as authority (rule) Roberts v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
See Knight v. State, 983 So.2d 64, 64 (Fla. 3d DCA 2008); Davis v. State, 988 So.2d 1125, 1126 ; Dakes v. State, 545 So.2d 939, 940 (Fla. 3d DCA 1989); see also Colbert v. State, 49 So.3d 819, 821-22 (Fla. 4th DCA 2010); Collett v. State, 676 So.2d 1046, 1047 (Fla. 1st DCA 1996).
cited Cited as authority (rule) Knight v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
Defendant-appellant Knight argues, and we agree, that the facts of his case are indistinguishable from those set forth in Dakes v. State, 545 So.2d 939, 940 (Fla. 3d DCA 1989).
cited Cited as authority (rule) Lewis v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
Thomas v. State, 742 So.2d 326, 327 (Fla. 3d DCA 1999); Dakes v. State, 545 So.2d 939, 940 (Fla. 3d DCA 1989).
discussed Cited as authority (rule) Busby v. State
Fla. Dist. Ct. App. · 2000 · confidence medium
See Thomas v. State, 742 So.2d 326 (Fla. 3d DCA 1999); Johnson v. State, 737 So.2d 555 (Fla. 1st DCA), rev. granted, No. 96,234 (Fla. Nov. 5, 1999); Dakes v. State, 545 So.2d 939, 940 (Fla. 3d DCA 1989).
cited Cited as authority (rule) Thomas v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
The manager's office was not an area "open to the public." See, e.g., Dakes v. State, 545 So.2d 939, 940 (Fla. 3d DCA 1989).
cited Cited "see" Philip G. Cappello v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Dakes v. State, 545 So.2d 939, 940 (Fla. 3d DCA 1989).
cited Cited "see" Johnson v. State
Fla. · 2001 · signal: see · confidence high
See Dakes v. State, 545 So.2d 939 (Fla. 3d DCA 1989).
cited Cited "see" Pittman v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See Dakes v. State, 545 So.2d 939 (Fla. 3d DCA 1989).
cited Cited "see, e.g." Erts v. State
Fla. Dist. Ct. App. · 2001 · signal: see also · confidence medium
See Johnson, 786 So.2d at 1164 ; see also Dakes v. State, 545 So.2d 939, 940 (Fla. 3d DCA 1989); Standard Jury Instructions in Criminal Cases, 697 So.2d 84, 90 (Fla.1997).
Retrieving the full opinion text from the archive…
Willie Earl DAKES, Appellant,
v.
The STATE of Florida, Appellee.
88-2387.
District Court of Appeal of Florida, Third District.
Jun 6, 1989.
545 So. 2d 939
Nesbitt, Baskin and Gersten.
Cited by 20 opinions  |  Published

[*940] Bennett H. Brummer, Public Defender, and Joseph C. Brock, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and GERSTEN, JJ.

BASKIN, Judge.

Willie Earl Dakes entered the storeroom of a retail store during business hours and placed several hundred dollars worth of merchandise in a shopping bag. At the time Dakes entered the storeroom, the door leading to the room was unlocked; however, on the door were posted two signs: "authorized personnel only" and "associates only." Dakes was apprehended immediately upon leaving the store and was charged and convicted of burglary of an occupied structure in violation of section 810.02, Florida Statutes (1987), and petit theft. Dakes urges reversal of his burglary conviction because section 810.02(1) specifically exempts from its purview premises which are open to the public at the time the offense is committed. We hold that although the store itself was open to the public, the closed storeroom to which access was clearly restricted was not part of the premises open to the public, within the scope of section 810.02. See Downer v. State, 375 So.2d 840 (Fla. 1979). Thus, we affirm Dakes' conviction.

The record reflects that the storeroom which Dakes burglarized was unoccupied: the store detectives who observed Dakes take the merchandise were in an adjacent stockroom. When the trial court denied Dakes' motion for judgment of acquittal notwithstanding the jury verdict but corrected the judgment to reflect that the structure was unoccupied, it erroneously classified Dakes' crime as burglary of an unoccupied dwelling, a second degree felony. A retail store is not a dwelling. § 810.011(2), Fla. Stat. (1987). Section 810.02(3), Florida Statutes (1987), provides that burglary of an unoccupied structure which is not a dwelling is a felony of the third degree. Thus, Dakes' sentence was based on an incorrect scoresheet. We therefore remand to the trial court with directions to correct the scoresheet and to resentence Dakes.

Affirmed in part; reversed in part; remanded with directions.