Barnes v. State

MILLS, Judge.

Barnes appeals judgments of guilt for burglary and possession of burglary tools. We affirm in part and reverse in part.

Barnes argues that the old instruction on circumstantial evidence should have been given. This instruction was found unnecessary by the Florida Supreme Court. Walker v. State, 414 So.2d 22 (Fla. 1st DCA 1982). Because no other error in the conviction for possession of burglary tools appears, it is affirmed.

Although Barnes was caught on the victim’s porch actually prying at her door, we are forced to reverse the burglary conviction. Barnes was tried under an…