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Rudisel v. State

District Court of Appeal of Florida, First District
Dec 16, 2003
861 So. 2d 98 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D02-4452.

Opinion filed December 16, 2003.

An appeal from the Circuit Court for Columbia County. David E. Bembry, Judge.

Nancy A. Daniels, Public Defender; Pamela P. Garvin and Paula S. Saunders, Assistant Public Defenders, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee.


The trial court did not err in denying appellant's motion for judgment of acquittal, which was based on the theory that the mattress and bed sheet in his prison cell were not "contents" of the cell within the meaning of the arson statute, section 806.01(1)(b), Florida Statutes (2001). See, e.g., Higgins v. State, 565 So.2d 698 (Fla. 1990) (affirming a first-degree felony arson conviction where the defendant set fire to the mattress in his prison cell even though there was no evidence of damage to the building). Compare State v. Tomblin, 400 So.2d 1012 (Fla. 5th DCA 1981) (reversing dismissal of an arson charge involving the defendant setting fire to clothing he had piled in the center of his jail cell, noting that if the defendant had set fire to his mattress, there would be no question the mattress would be considered "contents" of the cell).

AFFIRMED.

WOLF, C.J., ERVIN and PADOVANO, JJ., Concur.


Summaries of

Rudisel v. State

District Court of Appeal of Florida, First District
Dec 16, 2003
861 So. 2d 98 (Fla. Dist. Ct. App. 2003)
Case details for

Rudisel v. State

Case Details

Full title:Robert RUDISEL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Dec 16, 2003

Citations

861 So. 2d 98 (Fla. Dist. Ct. App. 2003)