Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 810.07 | Lawyer Caselaw & Research
F.S. 810.07 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 810.07

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
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.

F.S. 810.07 on Google Scholar

F.S. 810.07 on Casetext

Amendments to 810.07


Arrestable Offenses / Crimes under Fla. Stat. 810.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 810.07.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 925 (Fla. 2018)

. . . . § 810.07 , Fla. Stat. . . .

K. T. a v. STATE, 245 So. 3d 1004 (Fla. App. Ct. 2018)

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

R. MURRAY, v. STATE, 237 So. 3d 1156 (Fla. App. Ct. 2018)

. . . See § 810.07(1), Fla. Stat. (2016) ; Fla. Std. Jury Instr. (Crim.) 13.1. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 217 So. 3d 965 (Fla. 2017)

. . . . § 810.07 Fla. Stat. . . .

D. REED, D. v. STATE, 208 So. 3d 1231 (Fla. Dist. Ct. App. 2017)

. . . the trial court erred in instructing the jury on the stealthy-entry inference set forth in section 810.07 . . . In accordance with section 810.07(1), Florida Statutes, evidence in a burglary trial that the defendant . . . Before the trial judge may instruct the jury on the section 810.07 inference, the State “must present . . .

M. W. a v. STATE, 201 So. 3d 729 (Fla. Dist. Ct. App. 2016)

. . . .” § 810.07(1), Fla. Stat. (2015). . . . the early hours of the morning are sufficient to impair the statutory presumption created by section 810.07 . . .

L. A. H. v. STATE, 197 So. 3d 1265 (Fla. Dist. Ct. App. 2016)

. . . The trial court was referring to the statutory presumption in section 810.07(1). . . . .” § 810.07(1); see also J.J.D., 973 So.2d at 1255 (stating that there was no evidence that the juvenile . . . “entered in a stealthy manner and thus triggered the presumption of intent under section 810.07(1)”) . . .

L. LONG Jr. v. STATE, 188 So. 3d 116 (Fla. Dist. Ct. App. 2016)

. . . In L.S., we said that the state may rely on section 810.07, Florida Statutes (1983), the burglary presumption . . . This principle is also evident from the very existence of section 810.07 of the Florida Statutes, which . . . owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.” § 810.07 . . . See § 810.07(1), Fla. . . . straightforward requirement of the statute itself and the establishment of a prima facie case under section 810.07 . . .

M. PARISI, v. STATE, 186 So. 3d 610 (Fla. Dist. Ct. App. 2016)

. . . Furthermore, to prove intent, the State could rely on the statutory presumption of section 810.07(1); . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

. . . . § 810.07 Fla. Stat. . . .

J. JACKSON, v. STATE, 140 So. 3d 1067 (Fla. Dist. Ct. App. 2014)

. . . was shown by his prior violent interactions with Woodard; rather, she argued consistent with section 810.07 . . . owner or occupant thereof is prima facie evidence of entering with the intent to commit an offense.” § 810.07 . . .

RIVERS, v. STATE, 124 So. 3d 247 (Fla. Dist. Ct. App. 2013)

. . . See § 810.07(1); Fla. Std. Jury Instr. (Crim.) 13.1. . . .

WOLF, v. STATE, 117 So. 3d 1203 (Fla. Dist. Ct. App. 2013)

. . . . § 810.07, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 109 So. 3d 721 (Fla. 2013)

. . . . § 810.07 Fla. Stat. . . .

T. A. W. v. STATE D. B. W. v., 113 So. 3d 879 (Fla. Dist. Ct. App. 2012)

. . . See § 810.07(1). . . .

JAMES, v. STATE, 89 So. 3d 1053 (Fla. Dist. Ct. App. 2012)

. . . See § 810.07(2), Fla. Stat. (2010); L.S. v. State, 464 So.2d 1195 (Fla. 1985). . . .

TORRES, v. STATE, 82 So. 3d 1064 (Fla. Dist. Ct. App. 2011)

. . . Section 810.07(1), Florida Statutes (2007), provides, “In a trial on the charge of burglary, proof of . . . owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.” § 810.07 . . .

LANZO, v. STATE, 73 So. 3d 817 (Fla. Dist. Ct. App. 2011)

. . . , the State requested that the jury be instructed on the statutory presumption set forth in section 810.07 . . . To utilize the presumption set forth in section 810.07, the State must present evidence of the owner . . . ’s argument that intent could be inferred based upon the statutory presumption set forth in section 810.07 . . . similarly insufficient evidence to support the employment of the statutory presumption set forth in section 810.07 . . .

STATE v. K. N. a, 66 So. 3d 380 (Fla. Dist. Ct. App. 2011)

. . . See § 810.07(2), Fla. Stat. (2008). . . .

TAI A. PHAM, v. STATE, 70 So. 3d 485 (Fla. 2011)

. . . .§ 810.02(l)(b), § 810.02(2)09, § 810.07, Fla. Stat. (2005). . . .

UNITED STATES v. CLARK, a. k. a., 379 F. App'x 855 (11th Cir. 2010)

. . . . § 810.07. . . . One definition for the term “stealthily,” as used in § 810.07, is “ ‘[a]ny secret, sly or clandestine . . . Stat. § 810.07. See Rodnguez-Lopez, 363 F.3d at 1137. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 986 So. 2d 563 (Fla. 2008)

. . . . § 810.07 Fla. Stat. . . .

J. J. D. v. STATE, 973 So. 2d 1254 (Fla. Dist. Ct. App. 2008)

. . . that J.J.D. entered in a stealthy manner and thus triggered the presumption of intent under section 810.07 . . .

JOSEPH, v. STATE, 965 So. 2d 357 (Fla. Dist. Ct. App. 2007)

. . . occupant thereof shall be prima facie evidence of entering with intent to commit an offense”) (quoting § 810.07 . . . In that case, absent section 810.07, the state could not take the case to a jury in the face of the Standard . . .

GRAHAM, v. STATE, 964 So. 2d 758 (Fla. Dist. Ct. App. 2007)

. . . Cf § 810.07(1), Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . . § 810.07 Fla. Stat. . . .

KERR, v. STATE, 954 So. 2d 692 (Fla. Dist. Ct. App. 2007)

. . . .§ 810.07(1), Fla. . . .

J. A. S. v. STATE, 952 So. 2d 638 (Fla. Dist. Ct. App. 2007)

. . . Section 810.07(2) provides: “In a trial on the charge of attempted burglary, proof of the attempt to . . .

L. WASHINGTON, v. STATE, 933 So. 2d 577 (Fla. Dist. Ct. App. 2006)

. . . . §§ 810.02(1) and (3); 810.07, Fla. Stat. (2001). .See Washington v. . . .

SCAROLA, v. STATE, 889 So. 2d 108 (Fla. Dist. Ct. App. 2004)

. . . . §§ 810.02(1),(3); 810.07, Fla. Stat. (2002). . § 812.014(1),(2)(c), Fla. . . .

J. M. a v. STATE, 884 So. 2d 481 (Fla. Dist. Ct. App. 2004)

. . . Section 810.07, Florida Statutes (2002), establishes that proof of stealthy entry is prima facie evidence . . .

R. T. a v. STATE, 879 So. 2d 1257 (Fla. Dist. Ct. App. 2004)

. . . Dawson, 681 So.2d 1206, 1207 n. 1 (Fla. 3d DCA 1996); see also § 810.07(1), Fla. Stat. (2003). . . .

PERRY, Jr. v. STATE, 892 So. 2d 1062 (Fla. Dist. Ct. App. 2004)

. . . . §§ 810.02(1), (2)(b); 810.07, Fla. Stat. . § 812.014(1), (2)(c)5, Fla. Stat. (1999). . . . .

OWENS, v. STATE, 866 So. 2d 129 (Fla. Dist. Ct. App. 2004)

. . . . §§ 810.02(1) and (3), and 810.07, Fla. Slat. (1997). . § 812.014(1) and (3)(a), Fla. . . .

JOHNSON, v. STATE, 858 So. 2d 1274 (Fla. Dist. Ct. App. 2003)

. . . See § 810.07, Fla. . . . structure or conveyance at any time stealthily and without consent of the owner or occupant thereof’); § 810.07 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- SUBMISSION, 850 So. 2d 1272 (Fla. 2003)

. . . . § 810.07, FlaStat. . . .

S. D. a v. STATE, 837 So. 2d 1173 (Fla. Dist. Ct. App. 2003)

. . . The state’s case, however, is aided by the statutory presumption contained in section 810.07(1) which . . .

COUZO, v. STATE, 830 So. 2d 177 (Fla. Dist. Ct. App. 2002)

. . . Under section 810.07(1), Florida Statutes (2001), in burglary cases, “proof of the entering of such structure . . .

A. POLK, v. STATE, 825 So. 2d 478 (Fla. Dist. Ct. App. 2002)

. . . . §§ 810.02(1), 810.02(2)(a), 810.07, 775.087(1), Fla. Stat. (2000). . . . .

JOHNEKINS, v. STATE, 823 So. 2d 253 (Fla. Dist. Ct. App. 2002)

. . . common sense and Florida law, such an entry is done with the purpose of committing a crime inside: 810.07 . . . the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense. 810.07 . . .

E. JONES, v. STATE, 806 So. 2d 590 (Fla. Dist. Ct. App. 2002)

. . . . §§ 810.02(1) & (2), 810.07, Fla. Stat. (1996). . § 812.014(1) & (2)(c), Fla. . . .

M. S. a v. STATE, 774 So. 2d 777 (Fla. Dist. Ct. App. 2000)

. . . Pursuant to section 810.07(1), Florida Statutes (1999), this was prima facie evidence of his entering . . .

ADCOCK- LADD, v. SECRETARY OF TREASURY, 227 F.3d 343 (6th Cir. 2000)

. . . On July 27, 1999, the government issued a Treasury draft to Adcock-Ladd in the sum of $320,-810.07, which . . .

GEORGE, v. STATE, 756 So. 2d 271 (Fla. Dist. Ct. App. 2000)

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

MACK, v. STATE, 739 So. 2d 746 (Fla. Dist. Ct. App. 1999)

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

DAVIS, v. STATE, 730 So. 2d 837 (Fla. Dist. Ct. App. 1999)

. . . See § 810.07(2), Fla. Stat. (1997). . . .

CALLOWAY, v. STATE, 718 So. 2d 268 (Fla. Dist. Ct. App. 1998)

. . . . §§ 810.02(1) and (4); 810.07, Fla. Stat. (1997). . § 775.084, Fla. Stat. (1997). . . .

ANDERSON, v. STATE, 698 So. 2d 649 (Fla. Dist. Ct. App. 1997)

. . . (See section 810.07, Florida Statutes, which is a part of the jury instructions on burglary) and the . . .

KARP, v. STATE, 698 So. 2d 577 (Fla. Dist. Ct. App. 1997)

. . . According to section 810.07(1), Florida Statutes (1993) , this evidence was sufficient prima facie evidence . . .

WILLIAMS, v. K. SINGLETARY,, 78 F.3d 1510 (11th Cir. 1996)

. . . . §§ 810.02 and 810.07 (convicted). . . .

THOMAS, v. STATE, 655 So. 2d 163 (Fla. Dist. Ct. App. 1995)

. . . the early hours of the morning are sufficient to impair the statutory presumption created by section 810.07 . . . Pui’suant to section 810.07, proof of entering stealthily and without consent is prima facie evidence . . .

D. HAMILTON, v. STATE, 645 So. 2d 555 (Fla. Dist. Ct. App. 1994)

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

S. BAKER, v. STATE, 636 So. 2d 1342 (Fla. 1994)

. . . . § 810.07 Fla.Stat. (1989). . . .

STATE v. THOMAS,, 622 So. 2d 174 (Fla. Dist. Ct. App. 1993)

. . . State, 464 So.2d 1195 (Fla.1985); § 810.07, Fla. Stat. (1991). . . .

WILLIAMS, v. L. DUGGER,, 827 F. Supp. 1568 (S.D. Fla. 1993)

. . . 777.04(1), 777.04(4), and 794.011(4)(a); and (4) Burglary with an assault contrary to §§ 810.02 and 810.07 . . .

S. BAKER, v. STATE, 622 So. 2d 1333 (Fla. Dist. Ct. App. 1993)

. . . Thus, section 810.07(1), Florida Statutes (1989), provides that “proof of the entering of such structure . . . 1991) (in prosecution for attempted burglary of a conveyance, stealth instruction was proper under § 810.07 . . .

P. DUNCAN, v. STATE, 606 So. 2d 1227 (Fla. Dist. Ct. App. 1992)

. . . A subsequent section, 810.07(1), provides that: In a trial on the charge of burglary, proof of the entering . . . Furthermore, in a prosecution for burglary the state may rely on section 810.07 as prima facie evidence . . . That pronouncement is no longer effective since the legislature amended section 810.07 by adding subsection . . . required in the charging document and that the proof of intent may be facilitated by resort to section 810.07 . . . In that case, absent section 810.07, the state could not take the case to a jury in the face of the Standard . . .

IRVIN, v. STATE, 590 So. 2d 9 (Fla. Dist. Ct. App. 1991)

. . . At trial the State relied on section 810.07, Florida Statutes (1989), which provides in part, “In a trial . . . Id. § 810.07(2). . . .

V. H. E. J. v. STATE, 583 So. 2d 429 (Fla. Dist. Ct. App. 1991)

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

ARROYO, v. STATE, 564 So. 2d 1153 (Fla. Dist. Ct. App. 1990)

. . . Further, section 810.07, Florida Statutes (1989), provides that proof of stealthy entry is prima facie . . .

FLORIDA, Jr. v. STATE, 522 So. 2d 1039 (Fla. Dist. Ct. App. 1988)

. . . Section 810.07, Florida Statutes (1985) states: In a trial on the charge of burglary, proof of the entering . . .

R. TAYLOR, v. STATE, 512 So. 2d 304 (Fla. Dist. Ct. App. 1987)

. . . Appellant was charged with one count of armed burglary of a structure, in violation of section 810.07 . . .

E. HOUSE, v. STATE, 511 So. 2d 724 (Fla. Dist. Ct. App. 1987)

. . . burglary of a structure with presumption of intent, a third degree felony according to sections 810.02 and 810.07 . . .

GOLDEN, v. STATE, 497 So. 2d 914 (Fla. Dist. Ct. App. 1986)

. . . 466 (it was error for the court to instruct the jury on the burglary presumption of intent statute, § 810.07 . . . Waters, 436 So.2d at 70 (section 810.07 does not apply to attempted burglary), the error was corrected . . .

JONES, v. STATE, 492 So. 2d 1124 (Fla. Dist. Ct. App. 1986)

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

STATE v. SMITH,, 484 So. 2d 4 (Fla. 1986)

. . . the element of intent in a burglary prosecution by use of the presumption of intent statute section 810.07 . . .

TOOLE, v. STATE, 472 So. 2d 1174 (Fla. 1985)

. . . In L.S., we said that the state may rely on section 810.07, Florida Statutes (1983), the burglary presumption . . . As indicated earlier, section 810.07, Florida Statutes (1979), is fully consistent with this approach . . .

GRAHAM, v. STATE, 472 So. 2d 464 (Fla. 1985)

. . . the establishment of a prima facie case of burglary under the presumption of intent statute, section 810.07 . . . As a part of our answer to the certified question, we stated: In this case, however, section 810.07 is . . . We therefore decline to expand the scope of section 810.07 beyond the clearly expressed legislative intent . . . Proof of the elements set out in section 810.07 is sufficient to establish prima facie evidence of such . . . In a prosecution for burglary, the state may rely on section 810.07 as prima facie evidence of intent . . .

MILLER, a k a v. STATE, 467 So. 2d 1084 (Fla. Dist. Ct. App. 1985)

. . . on stealthy entry because the state is prohibited from relying on the presumption created by section 810.07 . . .

L. S. a v. STATE, 464 So. 2d 1195 (Fla. 1985)

. . . the element of intent in a burglary prosecution by use of the presumption of intent statute, section 810.07 . . . Section 810.07 provides: In a trial on the charge of burglary, proof of the entering of such structure . . . defendant did intend to commit the specified offense and must do so without the benefit of section 810.07 . . . intend to commit a specific offense after the breaking and entering, it may avail itself of section 810.07 . . .

WILLIAMS, Jr. v. STATE, 461 So. 2d 1010 (Fla. Dist. Ct. App. 1984)

. . . . §§ 810.02(1); 810.02(3) & 810.07, Fla.Stat. (1983). . § 812.014(l)(a)(b), Fla.Stat. (1983). . . . .

RODRIGUEZ, v. STATE, 460 So. 2d 514 (Fla. Dist. Ct. App. 1984)

. . . Schraader’s home; and (b) the court erred in deriving that intent from section 810.07, Florida Statutes . . .

BERRY, v. STATE, 458 So. 2d 1155 (Fla. Dist. Ct. App. 1984)

. . . decision merely permitted the state to allege a violation of the burglary statute in the language of § 810.07 . . .

GRAHAM, v. STATE, 453 So. 2d 528 (Fla. Dist. Ct. App. 1984)

. . . jury to find proof of intent to commit theft, based on the statutory presumption set forth in section 810.07 . . . Appeal in the negative, holding that it was improper to rely on the statutory presumption of section 810.07 . . . statutory presumption may be used where there is proof of an entry: In this case, however, section 810.07 . . . INVOLVED, IS IT PROPER FOR THE TRIAL COURT TO RELY UPON THE STATUTORY PRESUMPTION SET FORTH IN SECTION 810.07 . . .

FREDERICK, v. STATE, 451 So. 2d 1066 (Fla. Dist. Ct. App. 1984)

. . . this case is whether or not the state can rely on the burglary presumptive intent statute, section 810.07 . . . intend to commit a specific offense after the breaking and entering, it may avail itself of section 810.07 . . . Section 810.07, Florida Statutes (1981), provides: Prima facie evidence of intent. — In a trial on the . . .

T. L. J. a v. STATE, 449 So. 2d 1008 (Fla. Dist. Ct. App. 1984)

. . . with intending to commit a specific offense, it may not rely upon the presumption afforded by section 810.07 . . . intend to commit a specific offense after the breaking and entering, it may avail itself of section 810.07 . . . further appears that by seeking a bill of particulars, a defendant may be able to circumvent section 810.07 . . .

L. S. a v. STATE, 446 So. 2d 1148 (Fla. Dist. Ct. App. 1984)

. . . prove intent at all, erroneously relying on proof of the presumption of intent as provided in section 810.07 . . . It then addressed the issue of whether proof of the factual elements set out in section 810.07 would . . . intend to commit a specific offense after the breaking and entering, it may avail itself of section 810.07 . . . Section 810.07 provides: Prima facie evidence of intent. — In a trial on the charge of burglary, proof . . .

STATE v. CLARK,, 442 So. 2d 209 (Fla. 1983)

. . . stealthily without the occupant’s consent with intent to commit some offense, contrary to Sections 810.07 . . . by the conventional method first and then as an alternative charge set out the elements of section 810.07 . . . State, 402 So.2d 539 (Fla. 5th DCA 1981), which held that section 810.07 does not establish a substantive . . . Waters, 436 So.2d 66 (Fla.1983), we held that the elements in section 810.07 do not constitute the crime . . . However, we held in Waters and Rozier that section 810.07 should not be used as an allegational alternative . . .

BENNETT, v. STATE, 438 So. 2d 1034 (Fla. Dist. Ct. App. 1983)

. . . need to plead intent to commit a specific offense and that whether it did or did not so plead, section 810.07 . . . The court also held that the statutory language of section 810.07 allows the state, during the course . . . Second, if the state does not allege that the accused intended to commit a specific offense, section 810.07 . . . Furthermore, when the state does so charge, the proof must be established without the benefit of section 810.07 . . . Since section 810.07 only applies when no specific offense is alleged in an information charging burglary . . .

STATE v. GONZALEZ, STATE v. CRUZ,, 438 So. 2d 948 (Fla. Dist. Ct. App. 1983)

. . . Stat. 810.02(3) and Fla.Stat. 810.07.” . . . Gonzalez filed a motion to declare Section 810.07, Florida Statutes (1979), unconstitutional. . . .

BROWN, v. STATE, 436 So. 2d 1113 (Fla. Dist. Ct. App. 1983)

. . . theft and/or did enter stealthily and without the owner’s consent pursuant to Florida Statutes Section 810.07 . . . a prima facie case of burglary by relying exclusively on the evidentiary presumption set forth in § 810.07 . . . So.2d 1131 (Fla. 4th DCA 1981), the State contends that the eviden-tiary presumption set forth in § 810.07 . . . Nor can we extend the words and meaning of section 810.07 to make it applicable to allegations in the . . . Is the statutory rebuttable presumption contained in section 810.07, Florida Statutes (1979) sufficient . . .

STATE v. WATERS,, 436 So. 2d 66 (Fla. 1983)

. . . The state also argued that section 810.07, Florida Statutes (1979), could be relied upon to establish . . . Is the statutory rebuttable presumption contained in section 810.07, Florida Statutes (1979), sufficient . . . The second certified question pertains to the operation and effect of section 810.07, Florida Statutes . . . The predecessor of section 810.07 was first enacted in 1895. Ch. 4405, § 5, Laws of Fla. (1895). . . . Section 810.07 only comes into operation as an alternative means of proving the element of intent. . . .

STATE v. ROZIER, STATE v. YOUNG,, 436 So. 2d 73 (Fla. 1983)

. . . These cases have to do with the construction and application of sections 810.02 and 810.07, Florida Statutes . . . The main question on appeal was whether allegations of the elements of section 810.07 were a sufficient . . . Proof of the elements of section 810.07 does not, however, prove the crime but only constitutes prima . . . Thus proof of the section 810.07 elements is a sufficient evidentiary basis for a finding of the intent . . . Section 810.07 provides: In a trial on the charge of burglary, proof of the entering of such structure . . .

ELLIS, v. STATE, 425 So. 2d 201 (Fla. Dist. Ct. App. 1983)

. . . This latter allegation was obviously suggested by section 810.07, Florida Statutes (1981). . . .

STATE v. HICKS,, 421 So. 2d 510 (Fla. 1982)

. . . We note that section 810.07, Florida Statutes (1979), which existed prior to the 1975 revision, provides . . .

VAN TEAMER, v. STATE, 417 So. 2d 1129 (Fla. Dist. Ct. App. 1982)

. . . He argues that a jury instruction based on section 810.07, Florida Statutes (1979) should not have been . . . it asked for and received, over the defendant’s objection, the standard instruction based on section 810.07 . . . COBB and COWART, JJ., concur. . § 810.02, Fla.Stat. (1979). . § 810.07, Fla.Stat. (1979) provides: In . . .

BROWN, v. STATE, 417 So. 2d 280 (Fla. Dist. Ct. App. 1982)

. . . Since § 810.07, Fla.Stat., relied upon by the state in drafting the instant information, creates only . . .

STATE v. CLARK,, 416 So. 2d 13 (Fla. Dist. Ct. App. 1982)

. . . stealthily without the occupant’s consent with intent to commit some offense, contrary to Sections 810.07 . . . State, 402 So.2d 539 (Fla. 5th DCA 1981), defendant argued that § 810.07, Fla.Stat. is not a substantive . . . to comply with the “general to particular” rule of pleading and yet give force and effect to Section 810.07 . . .

B. D. A v. STATE, 412 So. 2d 70 (Fla. Dist. Ct. App. 1982)

. . . we determine whether an allegation of stealth and lack of consent of the owner pursuant to Section 810.07 . . .

KRATHY, v. STATE, 406 So. 2d 53 (Fla. Dist. Ct. App. 1981)

. . . This case is unaffected by the “presumption statute,” Section 810.07, which creates a prima facie inference . . .

ROZIER, v. STATE, 402 So. 2d 539 (Fla. Dist. Ct. App. 1981)

. . . Section 810.07, Florida Statutes, enacted in 1975, provides: Prima facie evidence of intent In a trial . . . a dwelling “with intent to commit an offense therein contrary to Florida Statutes 810.-02(1)(3) and 810.07 . . . Fourth District Court of Appeal did not agree with the contention of the State, saying that section 810.07 . . . Section 810.07, Florida Statutes, was apparently an attempt by the legislature to help the State with . . . Nor can we extend the words and meaning of section 810.07 to make it applicable to allegations in the . . .

BELVIN, v. STATE, 402 So. 2d 83 (Fla. Dist. Ct. App. 1981)

. . . Section 810.07, Florida Statutes (1979). See Kersey v. State, 73 Fla. 832, 74 So. 983 (1917); M. . . .

WATERS, v. STATE, 401 So. 2d 1131 (Fla. Dist. Ct. App. 1981)

. . . the state has the choice of alleging the specific offense or of alleging its reliance upon Section 810.07 . . . to commit a specific offense and as to the effect of the evidentiary presumption created by Section 810.07 . . . Is the statutory rebuttable presumption contained in Section 810.07, Florida Statutes (1979) sufficient . . . state not alleged an intent to commit a specific offense and instead alleged reliance upon Section 810.07 . . .

PHILLIPS, v. STATE, 396 So. 2d 855 (Fla. Dist. Ct. App. 1981)

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

BOOKER, v. STATE, 397 So. 2d 910 (Fla. 1981)

. . . . § 810.07, Fla.Stat. (1977). . . .

STATE v. L. FIELDS, Jr., 390 So. 2d 128 (Fla. Dist. Ct. App. 1980)

. . . However, it does not address Section 810.07, Florida Statutes (1979), wherein the Legislature said that . . . to comply with the “general to particular” rule of pleading and yet give force and effect to Section 810.07 . . . As indicated earlier, Section 810.07, Florida Statutes (1979), is fully consistent with this approach . . .

LEE, v. STATE, 385 So. 2d 1149 (Fla. Dist. Ct. App. 1980)

. . . GERTRUDE WATERS, with intent to commit an offense therein, contrary to Florida Statutes 810.02(1)(3) and 810.07 . . . foregoing requirements because of the reference therein to several statutory sections, 810.02(1), (3) and 810.07 . . . Section 810.07 has to do with proof of intent: “In a trial of the charge of burglary, proof of the entering . . .

In J. D. Z. a, 382 So. 2d 1351 (Fla. Dist. Ct. App. 1980)

. . . The State relies upon Section 810.07, Florida Statutes (1979), which provides: In a trial on the charge . . .

BOUDREAU v. BORG- WARNER ACCEPTANCE CORPORATION, a, 616 F.2d 1077 (9th Cir. 1980)

. . . financed items had been sold out of trust and submitted an inventory worksheet to Boudreau showing $810.07 . . .

E. DODSON, v. STATE, 300 So. 2d 43 (Fla. Dist. Ct. App. 1974)

. . . See Section 810.07, Florida Statutes. McNULTY, Acting C. J., and BOARD-MAN and GRIMES, JJ., concur. . . .