Ninety-year-old Herman Bode was sitting in the family room of his single-family residence when he heard someone knock on his window. D, who was standing outside, told Bode that Donna, Bode's former daughter-in-law, sent him over because she was having a surprise cookout for Bode and his wife, in celebration of their sixty-fifth wedding anniversary. Bode allowed D to enter his home, and the two discussed the upcoming cookout. Bode told D that Donna was not in Jensen Beach, but in Seattle, Washington, where she had been living for two or three years. D corrected him and said that Donna was at Riverside. Bode went to the kitchen to call Donna. D followed and struck him on his head with a metal pot and said, 'This is a holdup, I want your money.' Bode gave D about one hundred dollars from his pocket. D demanded the location of Bode's safe and then searched the house for additional valuable items. Bode tried to use his telephone, but the phone was not working. During a struggle, D cut Bode's hand in several places with a knife and threatened to kill him. Bode managed to crawl outside and yell to a neighbor for help. The neighbor called the police. D took Bode's car, which was spotted by a County Deputy as it sped down the street, ran a red light, and then crashed into a beach pavilion. D fled the vehicle and swam into the ocean. He was arrested and found guilty by a jury as charged in the ten-count information. D appealed. D argues that because his entry into Bode's home was by consent, there was insufficient evidence for a conviction of burglary.

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