Stephens v. State

Appellant challenges his convictions and sentences for attempted burglary of a dwelling and resisting an officer without violence. We agree with Appellant that the lower court erred by admitting into evidence certain “tools” found in Appellant’s possession when he was apprehended shortly after the attempted burglary. The perpetrator gained entry through an open bathroom window and no property was taken from the residence. Therefore, the lower court improperly admitted Appellant’s duffle bag and some of its contents, as well as items found on Appellant’s person, because there was no evidence…