Mitchell v. State

RYDER, Acting Chief Judge.

Riley Mitchell appeals the trial court’s denial of his motion for judgment of acquittal on charges of burglary of a structure, possession of burglary tools, petit theft and obstructing or opposing an officer without violence. We agree with the appellant as to the conviction of possession of burglary tools, but otherwise affirm.

The state must prove that the appellant had in his “possession any tool, machine or implement with intent to use the same, or allow the same to be used to commit any burglary or trespass_” § 810.06, Fla. Stat. (1993). The state merely offered…