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STATE v. HANKINS

No. 79-385/T4-415.

376 So.2d 285 (1979)

STATE of Florida, Appellant, v. Michael Joseph HANKINS, Appellee.

District Court of Appeal of Florida, Fifth District.

October 29, 1979.

Attorney(s) appearing for the Case

Robert Eagan, State's Atty., Orlando, Michael Joseph Barber, Legal Intern, Frank J. Bankowitz, Asst. State's Atty., Orlando, for appellant.

James R. Dressler, Cocoa Beach, for appellee.

McDONALD, PARKER LEE, Associate Judge.

The State appeals from an Order of Dismissal of a count of burglary of a conveyance.

The charge arose as a result of Appellee having been seen removing hubcaps from an automobile. Thus, the question posed is whether or not the simple removal of hubcaps constitutes burglary of a conveyance. The State contends that it does, by virtue of a portion of the definition found in Florida Statute 810.011(2) which reads:

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