STATE v. DALBY

No. 77-1563.

361 So.2d 215 (1978)

STATE of Florida, Appellant, v. David W. DALBY, Appellee.

District Court of Appeal of Florida, Second District.

August 4, 1978.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant.

Robert E. Jagger, Public Defender and Michael C. Cheek, Sp. Asst. Public Defender, Clearwater, for appellee.


RYDER, Judge.

Section 810.02, Florida Statutes (1977) defines burglary as "entering or remaining in a structure or a conveyance with the intent to commit an offense therein ..." This case presents the novel question of whether the State may charge a defendant with burglary of a conveyance when the offense referred to in the statute is the grand larceny of the same conveyance.1 After long and...

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