Two UF basketball players were arrested this past Sunday, April 10th, for burglary to a conveyance. Both Cody Larson and Erik Murphy were allegedly spotted near a car that was broken into and then running off. The UF team manager was also arrested for being a lookout. After taking the men into custody, the police put them two of the men, Murphy and Adel, into the back of a police car by themselves. Most police cars are equipped with recording equipment (audio and video). The men apparently were recorded admitting to the Florida burglary.
In Florida, burglary to a car is a third degree felony. A third degree felony in Florida is punishable by up to 5 years in Florida State Prison. In order to prove that a burglary occurred, the prosecutor’s office must prove the following elements beyond a reasonable doubt:
1. The suspect entered a conveyance (automobile) owned by someone else.
2. At the time of entering the conveyance owned by someone else, the suspect had the intent to commit a crime in the conveyance, such as the crime of theft.
3. The suspect was not invited to enter the conveyance.
Intent is the primary focus of this crime. It is an operation of the mind and can be established by circumstances surrounding the entering of the car. A “conveyance” is any car, ship, vessel, railroad car, trailer, or airplane.