Desin v. State

OVERTON, Judge.

This is a petition to review the decision of the Fifth District Court of Appeal, reported as Desin v. State, 404 So.2d 181 (Fla. 5th DCA 1981), in which the district court certified the following question as one of great public importance:

Does section 810.06, Florida Statutes (1979), encompass: (a) only those trespasses included within said chapter 810; or (b) any statutory trespass; or (c) any statutory or common-law trespass, when it proscribes the possession of any tool, machine or implement with intent to use or permit such to be used to commit “any burglary or trespass.”

We…