Appellate Win – Burglary JOA

Ms. Elvington prevailed in L.A.H. v. State, 2D15-2174 (Fla. 2d DCA August 17, 2016).

The defendant was convicted of burglary arising out of a stolen vehicle taken from the victim’s driveway.  The defendant’s fingerprints were recovered from items inside of the glove compartment.  The victim and defendant had no known connection, and there would have been no reason for the defendant to be inside of the vehicle.

However, while the prints connected the defendant to the items inside the glovebox, there was no evidence proving that the defendant entered the vehicle with the intent to commit an offense.  There were no witnesses identifying the defendant as a possible thief, and there was no evidence to refute the theory that the defendant, at some point, entered the vehicle without knowing that the vehicle had been stolen.

Burglary conviction vacated and reduced to trespass of a conveyance.


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