August 1, 2008

Davis, 33 FLW 188, 4th DCA, Burglary occupied structure-when def lawfully in open convenience store, then went into employees only room and took $400, conviction for burglary of a structure improperly enhanced to burglary of an occupied structure, statute unclear if it is occupied, 775.021(1) with these facts rule of lenity in favor of the accused, Johnson v. State held that theft in a non-public area is burglary of structure ambiguity whether crime could be for an occupied structure

Morris, 33 FLW 1851, 5th DCA, Prosecutor argument that an innocent person would have spoke up and protest his innocence improperly shifted the burden by arguing an innocent person would have taken the breath test to prove his innocence-new trial-you think

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