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THOMAS v. STATE

No. 76-990.

351 So.2d 77 (1977)

George THOMAS and Lorenzo Holmes, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 25, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Frank B. Kessler, Chief, Appellate Division, and Robert J. Bogdanoff, Legal Intern, West Palm Beach, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony C. Musto, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

This appeal arises from a two count conviction, first, of attempted breaking and entering1, and second, of possession of burglary tools.2 We reverse the latter and affirm the former.

The principal point on appeal concerns the refusal of the trial judge to give a jury instruction on attempted possession of burglary tools and we agree that this was erroneous.

Under the mandate of...

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