Brown v. State

Full title: LEON BROWN, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 2, 1997

691 So. 2d 31 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1897

Opinion filed April 2, 1997.

An Appeal from the Circuit Court for Dade County, Jeffrey Rosinek, Judge.

LOWER TRIBUNAL NO. 95-20491

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Maya S. Saxena, Assistant Attorney General, for appellee.

Before JORGENSON, GODERICH, and FLETCHER, JJ.

PER CURIAM.

Affirmed. Perkins v. State, 682 So.2d 1083, 1085 (Fla. 1996) (holding that under the statutory definition of "dwelling" in section 810.011(2), Florida Statutes (1995), the design of a structure or conveyance, rather than the occupancy, is now the critical element, as "the legislature has extended broad protection to buildings or conveyances of any kind that are designed for human habitation.").