Thomas v. State

LETTS, Judge.

This appeal arises from a two count conviction, first, of attempted breaking and entering1, and second, of possession of burglary tools.2 We reverse the latter and affirm the former.

The principal point on appeal concerns the refusal of the trial judge to give a jury instruction on attempted possession of burglary tools and we agree that this was erroneous.

Under the mandate of Brown v. State, 206 So.2d 377 (Fla.1968) and Rule 3.510 Fla.R.Crim.P. the jury should have been so instructed. To the pertinent inquiry of, “Since when has an attempt to possess burglary tools in and of…