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STATE v. THOMAS

No. 52759.

362 So.2d 1348 (1978)

STATE of Florida, Petitioner, v. George THOMAS and Lorenzo Holmes, Respondents.

Supreme Court of Florida.

September 21, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for petitioner.

Richard L. Jorandby, Public Defender, and Marc E. Kirk, Asst. Public Defender, West Palm Beach, for respondents.

HATCHETT, Justice.

If a defendant is charged with possession of burglary tools under Section 810.06,1 is it necessary to instruct the jury on attempt? We have jurisdiction to answer this question, certified to us by the Fourth District Court of Appeal in its opinion at 351 So.2d 77 (Fla. 4th DCA 1977), pursuant to Article V, Section 3(b)(3), Florida Constitution (1968). We conclude that attempted possession...

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