FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Hillsborough County; Manuel A.
L. Dimmig, II, Public Defender, and Pamela H. Izakowitz,
Assistant Public Defender, Bartow, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Katherine Coombs
Cline, Assistant Attorney General, Tampa, for Appellee.
appeals the disposition order adjudicating him delinquent for
burglary of an unoccupied conveyance. See §
810.02(1)(b)(1), (4)(b), Fla. Stat. (2014). He argues that
the trial court erred in denying his motion for a judgment of
dismissal because the evidence failed to establish the
ownership of the conveyance alleged to have been burglarized.
We agree, reverse B.R.W.'s disposition, and remand for
dismissal of the delinquency petition.
State charged B.R.W. with unlawfully entering or remaining in
"a certain conveyance, to-wit: vehicle, the property of
WILLIAM WHETSTONE, with intent to commit an offense
therein." The evidence at the disposition hearing,
viewed in the light most favorable to the State, established
early morning of April 10, 2015, Johnny Mays was outside of
his apartment building when he heard what sounded like a car
crash. In the distance, Mays saw someone, later identified as
B.R.W., rummaging through the passenger compartment and then
the trunk of a vehicle. Mays called the police. Although
B.R.W. left the area during the course of Mays's call,
officers apprehended him a short time later based on a
description and other information that Mays
unidentified law enforcement officer went to William
Whetstone's residence and told him that police had
apprehended someone who had broken into his
vehicle. Whetstone subsequently inspected his
vehicle and confirmed that someone had, in fact, broken into
the passenger compartment and trunk.
moving for a judgment of dismissal, B.R.W. argued that the
State failed to establish that the vehicle through which Mays
had allegedly seen him rummaging was Whetstone's vehicle.
Acknowledging only that the State had failed to establish
"the make and model" of the vehicle, the trial
court denied B.R.W.'s motion.
trial court found B.R.W. guilty of burglary of an unoccupied
conveyance, adjudicated him delinquent, and issued a judicial
warning. B.R.W. timely appealed.
establish burglary of an unoccupied conveyance, the State
must prove, among other things, "the allegation of
ownership of the conveyance . . . as alleged in the detention
petition or information, since it is a material element of
the crime." L.D.S. v. State, 784 So.2d 1227,
1228 (Fla. 2d DCA 2001); see also D.S.S. v. State,
850 So.2d 459, 461 (Fla. 2003) ("Ownership of the
building or structure is a material element of the crime of
burglary." (citing In re M.E., 370 So.2d 795,
796 (Fla. 1979))). This court reviews de novo the trial
court's denial of a motion for a judgment of dismissal
and will reverse an adjudication of delinquency if competent,
substantial evidence, viewed in the light most favorable to