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STATE v. HARLEY

No. 77-2010.

362 So.2d 379 (1978)

STATE of Florida, Appellant, v. John H. HARLEY, Appellee.

District Court of Appeal of Florida, Second District.

August 18, 1978.

Attorney(s) appearing for the Case

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

Jack O. Johnson, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, and Daphne W. Boswell, Legal Intern, Bartow, for appellee.

PER CURIAM.

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 question whether the state may charge a defendant with burglary of a conveyance when the offense referred to in the statute is the unauthorized temporary use of the same conveyance. The answer to that question is yes. State...

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