final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; John S. Kastrenakes, Judge; L.T. Case No.
Haughwout, Public Defender, and Gary Lee Caldwell, Assistant
Public Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Kimberly T.
Acuña, Assistant Attorney General, West Palm Beach,
defendant appeals from his conviction for burglary of a
dwelling while wearing a hood or mask. The defendant argues,
among other things, that the trial court erred when it denied
his motion for judgment of acquittal on the "hood or
mask" enhancement, because the evidence showed that the
defendant's shirt was pulled over only the back of his
head, and did not cover his face. We disagree with the
defendant's argument, because under the plain language of
section 775.0845, Florida Statutes (2016), it is not
necessary that the hood, mask, or other device cover an
offender's face. Instead, under the statute, the
factfinder simply considers "if, while committing the
offense, the offender was wearing a hood, mask, or other
device that concealed his or her identity."
(emphasis added). We affirm the conviction.
We present this opinion in three parts:
1. the state's trial evidence;
2. the trial court's denial of the defendant's JOA
3. our review.
The State's Trial Evidence
night of the incident, the victim's neighbor heard the
victim's home security alarm sounding. The neighbor knew
that the victim was not home because the victim was at the
hospital visiting her husband. The neighbor yelled to her
family about the alarm and ran outside.
the neighbor was outside, she heard the victim's front
side door shut and saw the defendant exit from the door. The
defendant had a shirt pulled over the back of his head. The
shirt did not cover the defendant's face. As the
defendant walked away from the victim's home, he removed
the shirt from his head. The neighbor noted that the victim
had a security camera positioned over the door from which the
defendant walked down the victim's driveway, the
neighbor's daughter's boyfriend came up to the
victim's home. The neighbor told the defendant to stop,
and the boyfriend told the defendant he already was calling
911. The defendant continued walking across the street
towards an apartment complex. The boyfriend followed the
defendant until the defendant reached an apartment, where the
defendant began banging on a door. ...