Davis v. State

DOWNEY, Judge.

Appellant was charged with attempted burglary of a motor vehicle contrary to Section 810.02(3), Florida Statutes (1975), and possession of burglary tools contrary to Section 810.06, Florida Statutes (1975). After a trial by jury appellant was convicted of attempted trespass and possession of burglary tools. Ostensibly appellate review is now sought of the judgment and sentence based upon two alleged errors of the trial court: 1) the trial court erred in allowing the State to adduce evidence that appellant chose to remain silent after being advised of his constitutional rights;…