Florida Statute 810.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.07

810.07 Prima facie evidence of intent.—

(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.

(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with intent to commit an offense.

History.—s. 5, ch. 4405, 1895; GS 3287; RGS 5121; CGL 7222; s. 1, ch. 70-29; s. 33, ch. 74-383; s. 44, ch. 87-243.

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Amendments to 810.07

Annotations, Discussions, Cases:

Cases Citing Statute 810.07

Total Results: 103

Booker v. State

397 So. 2d 910

Supreme Court of Florida | Filed: Mar 19, 1981 | Docket: 2463736

Cited 55 times | Published

of entering with intent to commit an offense. § 810.07, Fla. Stat. (1977). The evidence shows that bureau

State v. Waters

436 So. 2d 66

Supreme Court of Florida | Filed: Jul 28, 1983 | Docket: 1339670

Cited 54 times | Published

were unnecessary. The state also argued that section 810.07, Florida Statutes (1979), could be relied upon

Toole v. State

472 So. 2d 1174, 10 Fla. L. Weekly 367

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 1793845

Cited 41 times | Published

In L.S., we said that the state may rely on section 810.07, Florida Statutes (1983), the burglary presumption

State v. Hicks

421 So. 2d 510

Supreme Court of Florida | Filed: Oct 28, 1982 | Docket: 1372229

Cited 41 times | Published

to commit an offense therein." We note that section 810.07, Florida Statutes (1979), which existed prior

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

alleged)]in that non-public area. Give if applicable. § 810.07 Fla. Stat. You may infer that (defendant) had

TAI A. PHAM v. State

70 So. 3d 485, 36 Fla. L. Weekly Supp. 259, 2011 Fla. LEXIS 1346, 2011 WL 2374834

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2356724

Cited 28 times | Published

(2005). [9] § 810.02(1)(b), § 810.02(2)(b), § 810.07, Fla. Stat. (2005).

Baker v. State

636 So. 2d 1342, 1994 WL 202540

Supreme Court of Florida | Filed: May 26, 1994 | Docket: 1361287

Cited 27 times | Published

prima facie proof of intent to commit an offense. § 810.07 Fla. Stat. (1989). Nonetheless, even with a stealthy

Baker v. State

636 So. 2d 1342, 1994 WL 202540

Supreme Court of Florida | Filed: May 26, 1994 | Docket: 1361287

Cited 27 times | Published

prima facie proof of intent to commit an offense. § 810.07 Fla. Stat. (1989). Nonetheless, even with a stealthy

State v. Fields

390 So. 2d 128

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 1750171

Cited 23 times | Published

insofar as it goes. However, it does not address Section 810.07, Florida Statutes (1979), wherein the Legislature

Rozier v. State

402 So. 2d 539

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 1313388

Cited 15 times | Published

looks for some relief from this difficulty. Section 810.07, Florida Statutes, enacted in 1975, provides:

Graham v. State

472 So. 2d 464, 10 Fla. L. Weekly 336

Supreme Court of Florida | Filed: Jun 27, 1985 | Docket: 1794131

Cited 10 times | Published

the burglary presumption of intent statute, section 810.07, which provides: In a trial on the charge of

Ellis v. State

425 So. 2d 201

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1181866

Cited 10 times | Published

latter allegation was obviously suggested by section 810.07, Florida Statutes (1981). However, in burglary

Arroyo v. State

564 So. 2d 1153, 1990 WL 91906

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 1689187

Cited 9 times | Published

objectives, motives and intentions. Further, section 810.07, Florida Statutes (1989), provides that proof

In Re Standard Jury Instructions in Criminal Cases-No. 2007-11

986 So. 2d 563, 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1727850

Cited 7 times | Published

in that non-public area. Give if applicable. § 810.07 Fla. Stat. You may infer that (defendant) had

J.J.D. v. State

973 So. 2d 1254, 2008 Fla. App. LEXIS 1626

District Court of Appeal of Florida | Filed: Feb 8, 2008 | Docket: 64853873

Cited 7 times | Published

thus triggered the presumption of intent under section 810.07(1) (stating that “proof of the entering of

Karp v. State

698 So. 2d 577, 1997 WL 422770

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 434903

Cited 7 times | Published

was without the owner's consent. According to section 810.07(1), Florida *579 Statutes (1993)[1], this evidence

Jones v. State

492 So. 2d 1124, 11 Fla. L. Weekly 1705

District Court of Appeal of Florida | Filed: Aug 5, 1986 | Docket: 2510686

Cited 7 times | Published

prima facie case of burglary was made out under Section 810.07, Florida Statutes (1983), which provides that

Berry v. State

458 So. 2d 1155

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 1453050

Cited 7 times | Published

violation of the burglary statute in the language of § 810.07, Fla. Stat. without alleging an intent to commit

LS v. State

464 So. 2d 1195, 10 Fla. L. Weekly 140

Supreme Court of Florida | Filed: Feb 28, 1985 | Docket: 1661396

Cited 6 times | Published

by use of the presumption of intent statute, section 810.07, Florida Statutes, where the charging document

Waters v. State

401 So. 2d 1131

District Court of Appeal of Florida | Filed: Jul 15, 1981 | Docket: 1290141

Cited 6 times | Published

specific offense or of alleging its reliance upon Section 810.07 of the burglary statute, which provides that

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-01

109 So. 3d 721, 2013 WL 535407

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229786

Cited 5 times | Published

in that non-public area. Give if applicable. § 810.07 Fla. Stat. You may infer that (defendant) had

Couzo v. State

830 So. 2d 177, 2002 WL 31355518

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 471367

Cited 5 times | Published

formed after his entry into the store. Under section 810.07(1), Florida Statutes (2001), in burglary cases

State v. Thomas

622 So. 2d 174, 1993 WL 306716

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 1528927

Cited 5 times | Published

also L.S. v. State, 464 So.2d 1195 (Fla. 1985); § 810.07, Fla. Stat. (1991). As we observed in Theriault

Bennett v. State

438 So. 2d 1034, 14 Educ. L. Rep. 234

District Court of Appeal of Florida | Filed: Oct 14, 1983 | Docket: 1445935

Cited 5 times | Published

and that whether it did or did not so plead, section 810.07, Florida Statutes (1981),[2] could be used

BD, a v. State

412 So. 2d 70

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 2589687

Cited 5 times | Published

and lack of consent of the owner pursuant to Section 810.07, Florida Statutes, is a sufficient substitute

JAS v. State

952 So. 2d 638, 2007 WL 1063519

District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 1703236

Cited 4 times | Published

be inferred through a statutory presumption. Section 810.07(2) provides: "In a trial on the charge of attempted

MS v. State

774 So. 2d 777, 2000 WL 1816932

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 2535880

Cited 4 times | Published

and lacked the owner's consent. Pursuant to section 810.07(1), Florida Statutes (1999),[2] this was prima

Baker v. State

622 So. 2d 1333, 1993 WL 143949

District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 1529018

Cited 4 times | Published

be inferred from his stealthy entry. Thus, section 810.07(1), Florida Statutes (1989), provides that

Irvin v. State

590 So. 2d 9, 1991 WL 247476

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 458138

Cited 4 times | Published

conveyance. We affirm. At trial the State relied on section 810.07, Florida Statutes (1989), which provides in

Florida v. State

522 So. 2d 1039, 1988 WL 28288

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 1191146

Cited 4 times | Published

court to give an instruction on stealthy entry. Section 810.07, Florida Statutes (1985) states: In a trial

State v. Rozier

436 So. 2d 73

Supreme Court of Florida | Filed: Jul 28, 1983 | Docket: 1340213

Cited 4 times | Published

was whether allegations of the elements of section 810.07 were a sufficient substitute for an allegation

Krathy v. State

406 So. 2d 53

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 1510069

Cited 4 times | Published

is unaffected by the "presumption statute," Section 810.07, which creates a prima facie inference of intent

JJD v. State

973 So. 2d 1254, 2008 WL 342546

District Court of Appeal of Florida | Filed: Feb 8, 2008 | Docket: 1293626

Cited 3 times | Published

thus triggered the presumption of intent under section 810.07(1) (stating that "proof of the entering of

Joseph v. State

965 So. 2d 357, 2007 WL 2781122

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1509056

Cited 3 times | Published

entering with intent to commit an offense") (quoting § 810.07(1), Fla. Stat.),[2]rev. denied, 618 So.2d 1367

Davis v. State

730 So. 2d 837, 1999 WL 212785

District Court of Appeal of Florida | Filed: Apr 14, 1999 | Docket: 1755282

Cited 3 times | Published

to enter with intent to commit an offense. See § 810.07(2), Fla. Stat. (1997). In the instant case, the

Hamilton v. State

645 So. 2d 555, 1994 WL 637703

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 1223123

Cited 3 times | Published

Instead, "it is an evidentiary tool [under section 810.07] with which to establish prima facie proof

Duncan v. State

606 So. 2d 1227, 1992 WL 279993

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 95528

Cited 3 times | Published

02(1), Florida Statutes (1989). A subsequent section, 810.07(1), provides that: In a trial on the charge

Peters v. State

76 So. 2d 147

Supreme Court of Florida | Filed: Nov 30, 1954 | Docket: 475094

Cited 3 times | Published

Obviously the information was framed under Section 810.07, Florida Statutes 1953, and F.S.A., and the

L.A.H. v. State

197 So. 3d 1265, 2016 Fla. App. LEXIS 12376, 2016 WL 4375437

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256188

Cited 2 times | Published

was referring to the statutory presumption in section 810.07(1). The statute provides that in a burglary

Rivers v. State

124 So. 3d 247, 2013 WL 4483096, 2013 Fla. App. LEXIS 13460

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60235427

Cited 2 times | Published

stealthily and without the consent of the owner.” See § 810.07(1); Fla. Std. Jury Instr. (Crim.) 13.1. But, given

Graham v. State

964 So. 2d 758, 2007 WL 2428489

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 1257299

Cited 2 times | Published

in some unauthorized and surreptitious way. Cf. § 810.07(1), Fla. Stat. (in trial for burglary stealthy

Kerr v. State

954 So. 2d 692, 2007 WL 1136098

District Court of Appeal of Florida | Filed: Apr 18, 2007 | Docket: 1652132

Cited 2 times | Published

Affirmed. GUNTHER and WARNER, JJ., concur. NOTES [1] § 810.07(1), Fla. Stat. (2006) ("In a trial on the charge

Johnson v. State

858 So. 2d 1274, 2003 WL 22715683

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 460680

Cited 2 times | Published

woman sleeping there with no criminal design. See § 810.07, Fla. Stat. (2000) (defining prima facie evidence

LS v. State

446 So. 2d 1148

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 1779596

Cited 2 times | Published

of the presumption of intent as provided in section 810.07, Florida Statutes (1981).[1] In support of

Jackson v. State

140 So. 3d 1067, 2014 Fla. App. LEXIS 8816, 2014 WL 2583480

District Court of Appeal of Florida | Filed: Jun 10, 2014 | Docket: 60241355

Cited 1 times | Published

Woodard; rather, she argued consistent with section 810.07(1), Florida Statutes,4 that the requisite intent

T.A.W. v. State

113 So. 3d 879, 2012 WL 5373440

District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60231633

Cited 1 times | Published

available to the public, satisfies this statute. See § 810.07(1). This is particularly true given the very noisy

Lanzo v. State

73 So. 3d 817, 2011 Fla. App. LEXIS 16735, 2011 WL 5109230

District Court of Appeal of Florida | Filed: Oct 21, 2011 | Docket: 2357956

Cited 1 times | Published

instructed on the statutory presumption set forth in section 810.07(1), Florida Statutes (2010). That statute provides

State v. K.N.

66 So. 3d 380, 2011 Fla. App. LEXIS 11904

District Court of Appeal of Florida | Filed: Jul 29, 2011 | Docket: 60301874

Cited 1 times | Published

to enter with intent to commit an offense. See § 810.07(2), Fla. Stat. (2008). Appellee’s actions fit

State v. KN

66 So. 3d 380, 2011 WL 3206865

District Court of Appeal of Florida | Filed: Jul 29, 2011 | Docket: 2361647

Cited 1 times | Published

to enter with intent to commit an offense. See § 810.07(2), Fla. Stat. (2008). Appellee's actions fit

SD v. State

837 So. 2d 1173, 2003 WL 470101

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 537525

Cited 1 times | Published

aided by the statutory presumption contained in section 810.07(1) which treats "proof of the entering of [a]

TLJ v. State

449 So. 2d 1008

District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 1270483

Cited 1 times | Published

may not rely upon the presumption afforded by section 810.07, Florida Statutes (1981). Our decision conflicts

State v. Clark

416 So. 2d 13

District Court of Appeal of Florida | Filed: Jun 11, 1982 | Docket: 1654923

Cited 1 times | Published

539 (Fla. 5th DCA 1981), defendant argued that § 810.07, Fla. Stat. is not a substantive offense and relates

Jamin Ryan Ford v. State of Florida

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490764

Published

licensed or invited to enter[.]”) (emphases added); § 810.07(1), Fla. Stat. (2019) (“In a trial on the charge

MAYKEL TORRES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 1, 2020 | Docket: 17314107

Published

“stealthy entry” inference to prove intent. See § 810.07(1), Fla. Stat. (2013) (“In a trial on the charge

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-05.

257 So. 3d 925

Supreme Court of Florida | Filed: Nov 21, 2018 | Docket: 8221108

Published

non-public area. Give if applicable. § 810.07 , Fla. Stat. You may infer

K.T. v. State

245 So. 3d 1004

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 64680225

Published

PER CURIAM. Affirmed. See Fla. Stat. § 810.07(2) (2016) ; Irvin v. State, 590 So.2d 9 (Fla. 3d DCA 1991)

James R. Murry v. State of Florida

237 So. 3d 1156

District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6299300

Published

inference on a burglary charge as given at trial. See § 810.07(1), Fla. Stat. (2016); Fla. Std. Jury Instr. (Crim

In Re: Standard Jury Instructions in Criminal Cases - Report 2016-06 – Corrected Opinion

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684622

Published

that non-public area. Give if applicable. § 810.07 Fla. Stat. You may infer that (defendant)

In Re: Standard Jury Instructions in Criminal Cases—report 2016-06

217 So. 3d 965

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582773

Published

that non-public area. Give if applicable. § 810.07 Fla. Stat. You may infer that (defendant)

Shaun D. Reed, AKA Shawn D. Reed v. State of Florida

208 So. 3d 1231, 2017 Fla. App. LEXIS 497

District Court of Appeal of Florida | Filed: Jan 19, 2017 | Docket: 4570154

Published

on the stealthy-entry inference set forth in section 810.07(1), *1233 Florida Statutes. While

M.W. v. State

201 So. 3d 729, 2016 Fla. App. LEXIS 13812

District Court of Appeal of Florida | Filed: Sep 14, 2016 | Docket: 60257054

Published

of entering with intent to commit an offensé.” § 810.07(1), Fla. Stat. (2015). The presumption applies

L.A.H. v. State

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 4121185

Published

referring to the statutory presumption in section 810.07(1). The statute provides that in a burglary

Rodney L. Long Jr. v. State of Florida

188 So. 3d 116, 2016 WL 1295087, 2016 Fla. App. LEXIS 5182

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050455

Published

In L.S., we said that the state may rely on section 810.07, Florida Statutes (1983), the burglary presumption

Jessica M. Parisi v. State of Florida

186 So. 3d 610, 2016 Fla. App. LEXIS 3129, 2016 WL 805260

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040735

Published

statuto *612 ry presumption of section 810.07(1); Florida Statutes (2013), that stealthy

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

that non-public area. Give if applicable. § 810.07 Fla. Stat. You may infer that (defendant)

Wolf v. State

117 So. 3d 1203, 2013 WL 3335031, 2013 Fla. App. LEXIS 10707

District Court of Appeal of Florida | Filed: Jul 3, 2013 | Docket: 60232583

Published

the time of the entering.] Give if applicable. § 810.07, Fla. Stat. You may infer that (defendant) had

James v. State

89 So. 3d 1053, 2012 WL 1938673, 2012 Fla. App. LEXIS 8633

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308496

Published

WELLS, Chief Judge. Affirmed. See § 810.07(2), Fla. Stat. (2010); L.S. v. State, 464 So.2d 1195 (Fla

Torres v. State

82 So. 3d 1064, 2011 WL 5375025, 2011 Fla. App. LEXIS 17784

District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 2416297

Published

therein. . . ." § 810.02(1)(b)1., Fla. Stat. Section 810.07(1), Florida Statutes (2007), provides, "In

J.A.S. v. State

952 So. 2d 638, 2007 Fla. App. LEXIS 5473

District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 64849869

Published

be inferred through a statutory presumption. Section 810.07(2) provides: “In a trial on the charge of attempted

J. M. v. State

884 So. 2d 481, 2004 Fla. App. LEXIS 14657, 2004 WL 2251871

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 64833566

Published

stealthy entry in the middle of the night. Section 810.07, Florida Statutes (2002), establishes that

R.T. v. State

879 So. 2d 1257, 2004 Fla. App. LEXIS 11716, 2004 WL 1779125

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832195

Published

2d 1206, 1207 n. 1 (Fla. 3d DCA 1996); see also § 810.07(1), Fla. Stat. (2003). Affirmed.

Standard Jury Instructions in Criminal Cases-Submission 2002-1

850 So. 2d 1272, 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321

Supreme Court of Florida | Filed: Jul 3, 2003 | Docket: 64824176

Published

to commit the crime described in the charge. § 810.07, FlaStat. Proof of the entering of a [structure]

S.D. v. State

837 So. 2d 1173, 2003 Fla. App. LEXIS 2187

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 64820895

Published

aided by the statutory presumption contained in section 810.07(1) which treats “proof of the entering of [a]

M.S. v. State

774 So. 2d 777, 2000 Fla. App. LEXIS 16245

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802747

Published

and lacked the owner’s consent. Pursuant to section 810.07(1), Florida Statutes (1999),2 this was prima

George v. State

756 So. 2d 271, 2000 Fla. App. LEXIS 5192, 2000 WL 554136

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 64796948

Published

PER CURIAM. AFFIRMED. See § 810.07(2), Fla. Stat. (1999) ANTOON, C.J., THOMPSON and SAWAYA, JJ., concur

Mack v. State

739 So. 2d 746, 1999 Fla. App. LEXIS 12484, 1999 WL 777657

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64790363

Published

PER CURIAM. AFFIRMED. See § 810.07(2), Fla.Stat. (1997); L.S. v. State, 464 So.2d 1196 (Fla.1985). JOANOS

Anderson v. State

698 So. 2d 649, 1997 Fla. App. LEXIS 10196, 1997 WL 541162

District Court of Appeal of Florida | Filed: Sep 5, 1997 | Docket: 64775532

Published

without the consent of the owner ...” (See section 810.07, Florida Statutes, which is a part of the jury

Thomas v. State

655 So. 2d 163, 1995 Fla. App. LEXIS 5002, 1995 WL 270919

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 64756448

Published

impair the statutory presumption created by section 810.07, Florida Statutes (1989), precluding the case

V.H. v. State

583 So. 2d 429, 1991 Fla. App. LEXIS 8148, 1991 WL 147687

District Court of Appeal of Florida | Filed: Aug 6, 1991 | Docket: 64660531

Published

See State v. Waters, 436 So.2d 66 (Fla.1983); Section 810.07, Florida Statutes (1989).

Florida v. State

522 So. 2d 1039, 13 Fla. L. Weekly 883, 1988 Fla. App. LEXIS 1372

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 64633884

Published

court to give an instruction on stealthy entry. Section 810.07, Florida Statutes (1985) states: In a trial

Taylor v. State

512 So. 2d 304, 12 Fla. L. Weekly 2192, 1987 Fla. App. LEXIS 10270

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629277

Published

armed burglary of a structure, in violation of section 810.07 and 810.02(2), Florida Statutes, and aggravated

Golden v. State

497 So. 2d 914, 11 Fla. L. Weekly 2347, 1986 Fla. App. LEXIS 10565

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 64623048

Published

on the burglary presumption of intent statute, § 810.07, Fla.Stat. (1983), in a case of attempted burglary);

State v. Smith

484 So. 2d 4, 11 Fla. L. Weekly 97, 1986 Fla. LEXIS 1681

Supreme Court of Florida | Filed: Mar 6, 1986 | Docket: 64617712

Published

by use of the presumption of intent statute section 810.07, Florida Statutes, where the charging document

Miller v. State

467 So. 2d 1084, 10 Fla. L. Weekly 1072, 1985 Fla. App. LEXIS 13678

District Court of Appeal of Florida | Filed: Apr 26, 1985 | Docket: 64611558

Published

from relying on the presumption created by section 810.07, Florida Statutes (1983), in order to prove

L.S. v. State

464 So. 2d 1195, 10 Fla. L. Weekly 140, 1985 Fla. LEXIS 3267

Supreme Court of Florida | Filed: Feb 28, 1985 | Docket: 64610422

Published

by use of the presumption of intent statute, section 810.07, Florida Statutes, where the charging document

Rodriguez v. State

460 So. 2d 514, 9 Fla. L. Weekly 2617, 1984 Fla. App. LEXIS 16654

District Court of Appeal of Florida | Filed: Dec 11, 1984 | Docket: 64608634

Published

the court erred in deriving that intent from section 810.07, Florida Statutes (1981), which does not operate

Graham v. State

453 So. 2d 528, 1984 Fla. App. LEXIS 13975

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 64606137

Published

based on the statutory presumption set forth in section 810.07, Florida Statutes (1983). That statute provides:

Frederick v. State

451 So. 2d 1066, 1984 Fla. App. LEXIS 13777

District Court of Appeal of Florida | Filed: Jun 28, 1984 | Docket: 64605552

Published

the burglary presump*1067tive intent statute, section 810.07, Florida Statutes (1981),1 when it has charged

T.L.J. v. State

449 So. 2d 1008, 1984 Fla. App. LEXIS 13059

District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 64604586

Published

may not rely upon the presumption afforded by section 810.07, Florida Statutes (1981). Our decision conflicts

L.S. v. State

446 So. 2d 1148, 1984 Fla. App. LEXIS 12316

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 64603501

Published

of the presumption of intent as provided in section 810.07, Florida Statutes (1981).1 In support of his

State v. Clark

442 So. 2d 209, 1983 Fla. LEXIS 3155

Supreme Court of Florida | Filed: Dec 8, 1983 | Docket: 64601452

Published

alternative charge set out the elements of section 810.07, Florida Statutes (1981). The defendant moved

State v. Gonzalez

438 So. 2d 948, 1983 Fla. App. LEXIS 21855

District Court of Appeal of Florida | Filed: Oct 5, 1983 | Docket: 64600004

Published

Stat. 810.02(3) and Fla.Stat. 810.07.” Gonzalez filed a motion to declare Section 810.07, Florida Statutes

Brown v. State

436 So. 2d 1113, 1983 Fla. App. LEXIS 21606

District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 64599264

Published

owner’s consent pursuant to Florida Statutes Section 810.07, contrary to Section 810.02, Florida Statutes

Van Teamer v. State

417 So. 2d 1129, 1982 Fla. App. LEXIS 20841

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 64591647

Published

He argues that a jury instruction based on section 810.07, Florida Statutes (1979)2 should not have been

Brown v. State

417 So. 2d 280, 1982 Fla. App. LEXIS 20455

District Court of Appeal of Florida | Filed: Jul 8, 1982 | Docket: 64591358

Published

to commit a particular crime. We affirm. Since § 810.07, Fla.Stat., relied upon by the state in drafting

B. D. v. State

412 So. 2d 70, 1982 Fla. App. LEXIS 19758

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 64589070

Published

and lack of consent of the owner pursuant to Section 810.07, Florida Statutes, is a sufficient substitute

Belvin v. State

402 So. 2d 83, 1981 Fla. App. LEXIS 28237

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 64584559

Published

PER CURIAM. Affirmed. Section 810.07, Florida Statutes (1979). See Kersey v. State, 73 Fla. 832, 74

Phillips v. State

396 So. 2d 855, 1981 Fla. App. LEXIS 27982

District Court of Appeal of Florida | Filed: Apr 14, 1981 | Docket: 64581575

Published

v. Fields, 390 So.2d 128 (Fla. 4th DCA 1980); § 810.07, Fla.Stat. (1977).

Lee v. State

385 So. 2d 1149, 1980 Fla. App. LEXIS 16681

District Court of Appeal of Florida | Filed: Jul 9, 1980 | Docket: 64577303

Published

penalties for burglary under certain conditions. Section 810.07 has to do with proof of intent: “In a trial

In the Interest of J.D.Z.

382 So. 2d 1351, 1980 Fla. App. LEXIS 16113

District Court of Appeal of Florida | Filed: Apr 30, 1980 | Docket: 64575806

Published

steal was insufficient. The State relies upon Section 810.07, Florida Statutes (1979), which provides: In

Dodson v. State

300 So. 2d 43

District Court of Appeal of Florida | Filed: Sep 13, 1974 | Docket: 64541104

Published

PER CURIAM. Affirmed. See Section 810.07, Florida Statutes. McNULTY, Acting C. J., and BOARD-MAN and

Balletti v. State

261 So. 2d 510, 1972 Fla. App. LEXIS 6858

District Court of Appeal of Florida | Filed: May 2, 1972 | Docket: 64525657

Published

entry with intent to commit a misdemeanor, under § 810.07 Fla.Stat., F.S.A. That section, as amended in

Dryden v. State

214 So. 2d 662, 1968 Fla. App. LEXIS 5028

District Court of Appeal of Florida | Filed: Oct 11, 1968 | Docket: 64506981

Published

erred in its failure to-explain the meaning of Section 810.07, Florida Statutes, F.S.A., and that this failure