Burnette v. State

Appellant-defendant Gary Burnette was charged by information with possession of burglary tools and was tried non-jury. From a judgment of conviction and a sentence entered thereupon, he appeals. See § 810.06, Fla.Stat., F.S.A. We reverse and order that he be discharged.

A Metropolitan Dade County detective saw defendant on October 28, 1969, at about 1:30 A.M. in an alley at the rear of a drug store. On being questioned, defendant said he could not sleep and decided to go for a walk, and that he was on probation for burglary from juvenile court. On being asked about a bulge in his pocket,…