415 So. 2d 829

Freddie ANDERSON, Appellant, v. The STATE of Florida, Appellee.

No. 81-1966.

District Court of Appeal of Florida, Third District.

June 22, 1982.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Diane Zimmer Leeds, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

NESBITT, Judge.

The defendant appeals his adjudication of burglary pursuant to Section 810.02, Florida Statutes (1979).

*830Policemen had observed the defendant for at least one minute’s interval with his head, shoulders, and forearms inside the engine compartment of a hoodless Mustang in an automotive repair shop. One of the officers actually observed the defendant take the radiator from the engine compartment of the vehicle. Investigating officers later determined that the components of a radiator and an air filter, which were missing from the engine, were in fact those removed by the defendant.

The statute under which the defendant was convicted provides, in pertinent part:

(1) “Burglary” means entering or remaining in a structure or a conveyance with the intent to commit an offense therein, ...

The trial judge found that the defendant’s actions violated that portion of the statute which punishes one for “remaining in a conveyance.” We affirm.1 The fact that only a portion of the defendant’s body remained in the compartment or that it only remained there for a minute or two does not eradicate the defendant’s guilt. His intrusion plainly violated the possessory intent of the vehicle’s owner. See State v. Hankins, 376 So.2d 285 (Fla. 5th DCA 1979).

Affirmed.

Anderson v. State
415 So. 2d 829

Case Details

Name
Anderson v. State
Decision Date
Jun 22, 1982
Citations

415 So. 2d 829

Jurisdiction
Florida

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