#Burglary conveyance trial#

This motion was denied and the jury returned guilty verdicts on all three of the offenses charged. 2Īfter the State rested its case, Drew moved for a judgment of acquittal and again specially argued that the counts of burglary and possession of burglary tools did not apply to these circumstances. Instead, his attorney contended that on these facts, Drew could not be found guilty of burglary or of possession of burglary tools. At trial, Drew did not dispute that he had removed tires from the car.

#Burglary conveyance trial#

The trial court denied this motion and the case proceeded to trial. Drew filed a motion to dismiss the burglary and possession of burglary tools charges, asserting that the undisputed material facts as set out above did not constitute a prima facie showing of guilt on these charges. 1 Subsequently, Drew and Wright were charged by information with petit theft, possession of burglary tools, and burglary of a conveyance in violation of sections 812.014(3), 810.06 and 810.02(4), Florida Statutes (1997), respectively. Drew admitted that he took the lug nuts from a brownish-red Chevrolet parked behind the Auto Sales business and that with the assistance of his codefendant, he had removed the missing tires from the car. Orgic testified that Drew was carrying a lug wrench at the time and was using it to remove lug nuts from a vehicle. Wright, in the vicinity of Mack Lewis Auto Sales. On July 14, 1997, at approximately 11 p.m., Polk County Sheriff's Deputy James Orgic observed Terrell Curtis Drew and his codefendant, Willie D.

Based on the purpose and history of the offense of burglary at common law and our interpretation of the burglary statute, we hold that the sole act of removal of hubcaps or tires from a motor vehicle, while clearly constituting an act of criminal larceny, does not constitute a burglary. 2d DCA 1998) (tires) held that there was a burglary while the Fifth District in Hankins (hubcaps) held there was not. The Second District in Drew (tires) and State v. At issue in this case is whether the act of removing hubcaps or tires from a vehicle in and of itself constitutes a burglary. 2d DCA 1999), based on certified direct conflict with the decision in State v. Salgado, Assistant Attorney General, Tampa, Florida, for Respondent. Krauss, Senior Assistant Attorney General, and Johnny T. Robert Butterworth, Attorney General, Robert J. Coffman, Orlando, Florida, for Petitioner. In addition, expanded data include trends (for example, 2-year comparisons) and rates per 100,000 inhabitants.Terrell Curtis DREW, Petitioner, v. These details may include the type of weapon used in a crime, the type or value of items stolen, and so forth. (See Table 23.)Įxpanded offense data are the details of the various offenses that the UCR Program collects beyond the count of how many crimes law enforcement agencies report. Burglaries of residential properties accounted for 65.5 percent of all burglary offenses.The average dollar loss per burglary offense was $2,799. Victims of burglary offenses suffered an estimated $3.4 billion in property losses in 2018.By subcategory, 56.7 percent of burglaries involved forcible entry, 36.7 percent were unlawful entries, and 6.6 percent were attempted forcible entry.Burglaries accounted for 17.1 percent of the estimated number of property crimes.

The number of burglaries decreased 28.2 percent when compared with 2014 data and was down 44.2 percent when compared with the 2009 estimate.

In 2018, there were an estimated 1,230,149 burglaries, a decrease of 11.9 percent when compared with 2017 data.

The UCR definition of “structure” includes an apartment, barn, house trailer, or houseboat when used as a permanent dwelling, office, railroad car (but not automobile), stable, or vessel (i.e., ship). The UCR Program has three subclassifications for burglary: forcible entry, unlawful entry where no force is used, and attempted forcible entry. To classify an offense as a burglary, the use of force to gain entry need not have occurred. The FBI’s Uniform Crime Reporting (UCR) Program defines burglary as the unlawful entry of a structure to commit a felony or theft.