Fortson v. State

Jesse A. Fortson appeals convictions for burglary and possession of burglary tools. We affirm the burglary conviction. But we agree the evidence put on to prove possession of burglary tools was insufficient to establish their use or intended use to gain entry. Accordingly, we reverse the conviction for possession of burglary tools, and remand for resentencing.

Under binding precedent, where tools are not employed or intended to be used to gain entry, their possession is not the crime of possession of burglary tools. See Calliar v. State, 760 So.2d 885, 886-87 (Fla.1999) (holding section…