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Cladd v. State

Supreme Court of Florida
398 So.2d 442 (1981)


Leroy Cladd (defendant) was charged with burglary and attempted burglary after he broke through the locked door of his wife’s apartment with a crowbar, struck her, and attempted to throw her over the second-floor railing. The following morning, Cladd again attempted to break into his wife’s apartment but fled when the police arrived. Cladd filed a motion to dismiss the charges, claiming that because the victim was his wife, he was licensed or invited to enter her apartment as a matter of law. At the time of the incident, Cladd and his wife had been separated for approximately six months. However, there was no formal separation agreement. Additionally, Cladd had no ownership or possessory interest in his wife’s apartment and at no time lived there. The trial court agreed and dismissed the charges in reliance on Vasquez v. State, 350 So.2d 1094 (Fla. App. 1977). The state appealed. The appellate court reversed and held that although each spouse had a legal right to each other’s company, also known as consortium, such consortium did not include the right to break and enter the other spouse’s dwelling with the intent to commit a criminal offense. Cladd appealed. The Florida Supreme Court granted certiorari to review.

Rule of Law


Holding and Reasoning (Alderman, J.)

Dissent (England, J.)

Dissent (Boyd, J.)

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