Desin v. State

ORFINGER, Judge.

Appellant was found guilty by the trial court of possession of burglary tools.1 He contends on appeal that possession of a bolt cutter for the admitted purpose of breaking into a newspaper vending machine which rests out in the open on a public sidewalk cannot violate the subject statute because the act would neither constitute a burglary nor a trespass under Chapter 810, Florida Statutes (1979). Appellant was unsuccessful in asserting this position in the trial court. We affirm.

We agree with appellant that the act of breaking into a vending machine which sits out in the open…