J.M. v. STATE

No. 4D03-3884.

884 So.2d 481 (2004)

J. M., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 6, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We affirm J.M.'s conviction for burglary. While J.M. claimed that she entered the dwelling to retrieve her own property, she admitted to her stealthy entry in the middle of the night. Section 810.07, Florida Statutes (2002), establishes that proof of stealthy entry is prima facie evidence of entering with intent to commit an offense. The statutory presumption is sufficient to create a prima facie case and avoid a judgment of acquittal. See Thomas v...

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