YOUNG v. STATE (2009)

Notwithstanding a contrary suggestion in ill-advised dicta in Gaskin v. State, 869 So.2d 646, 647 n. 1 (Fla. 3d DCA 2004), there is a crime of burglary with intent to commit the underlying offense of resisting without violence, which occurs, as in this case, when a person fleeing from a lawful attempted arrest enters a structure without permission in order to evade capture.   See Jean-Marie v. State, 947 So.2d 484 (Fla. 3d DCA 2006);  Nicarry v. State, 795 So.2d 1114 (Fla. 5th DCA 2001);  Britton v. State, 604 So.2d 1288 (Fla. 2d DCA 1992);  Burton v. State, 925 A.2d 503 (Del.2007);  Patrick v. State, 922 A.2d 415 (Del.2007);  State v. Williams, 229 N.J.Super. 179, 550 A.2d 1298 (1988).   Because the evidence supports the jury's finding that the defendant was guilty of that offense-and there is no harmful error-the judgment below is affirmed.

SCHWARTZ, Senior Judge.