Nor was any evidence offered regarding the size of the letters on the sign shown by the photograph. The sign warned that the area was a designated construction site and anyone who trespassed would be prosecuted "to the fullest extent of the law." However, no evidence of any kind was offered as to the size of the site, except for Higgs' testimony that he believed the site was more than two acres. They depicted the site and showed that the single sign posted on the property was posted outside the fence at the only entrance to the site. Deputy Wilder took photographs of the site, which were introduced into evidence. Matthews had the two men "trespassed" when the deputy arrived, telling him they did not have permission to be on the property. He had been called to the scene by the construction manager, who had not given Higgs permission to load the scrap. Matthews testified that the site was fully fenced and double-gated with just one entrance. At trial, the State presented two witnesses - Richard Matthews, the security manager for ESPN's Wide World of Sports, and Deputy Wilder, who responded to the call regarding a trespass complaint at the site. Higgs and his son were arrested and prosecuted for trespass on a construction site. Higgs claimed that he had permission to enter the site and salvage the scrap, but was unable to name the Disney employees who allegedly gave him permission. Higgs and his son were stopped on their third trip to the site. This occurred in broad daylight, in sight of a number of workers. On January 31, 2012, Higgs and his son entered a gated construction site at ESPN's Wide World of Sports, where they loaded scrap metal onto their pickup truck. his motion for a judgment of acquittal and failing to properly instruct the jury on the offense.
MICHAEL HIGGS TRIAL
("Higgs") timely appeals his conviction for trespass on a construction site, a third-degree felony.1 He argues that the trial court erred by denying 1 § 810.09(2)(d), Fla. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. _/ Opinion filed Appeal from the Circuit Court for Osceola County, Scott Polodna, Judge. IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MICHAEL HIGGS, SR., Appellant, v.
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