Costantino v. State

SWANN, Judge.

Appellant, Frank Costantino, was charged in a three-count information with:(1) Breaking and entering a building with the intent to commit a felony therein, to wit: Grand Larceny(2) Attempted grand larceny(3) Possession of burglary tools

Following a jury trial, Costantino was adjudged guilty on all three counts of the information and sentenced. He now appeals.

On appeal, he claims reversible error was committed when the trial court denied his motion to require the State to elect between counts one and two on the grounds that they charged him with offenses which are one and the same.…