Legal Opinion · Concurring in part, dissenting in part

Green v. State

District Court of Appeal of Florida

Decided December 9, 1991No. 90-1996Published

1Concurring in part, dissenting in partAllen, Judge

Although I agree that the appellant’s burglary conviction must be affirmed, I believe the appellant’s conviction for possession of burglary tools should be reversed. I would not construe the section 810.06 terms “tool, machine, or implement” to include a common glove.

Section 810.06, Florida Statutes, provides as follows:

*968Possession of burglary tools. — Whoever has in his possession any tool, machine^ or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s.…

2Cases cited7 opinions

  1. Addison v. Holly Hill Fruit Products, Inc.Supreme Court of the United States · 1944
  2. Ex parte AmosSupreme Court of Florida · 1927
  3. Ex Parte AmosSupreme Court of Florida · 1927
  4. Brooks v. Anastasia Mosquito Control DistrictDistrict Court of Appeal of Florida · 1963
  5. Maryland Casualty Co. v. SutherlandSupreme Court of Florida · 1936

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