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VOGEL v. STATE

Nos. KK-274, LL-272.

365 So.2d 1079 (1979)

Thomas Joseph VOGEL, Appellant, v. STATE of Florida, Appellee. Thomas Joseph VOGEL, Petitioner, v. George L. CANSLER, As Corrections Administrator, Volusia County Department of Corrections, and As Director of the Volusia County Correctional Facility, Respondent.

District Court of Appeal of Florida, First District.

January 9, 1979.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender and Louis G. Carres, Asst. Public Defender, for appellant and petitioner.

Robert L. Shevin, Atty. Gen., and Miguel A. Olivella, Jr., Asst. Atty. Gen., for appellee and respondent.

BOYER, Judge.

Vogel was convicted of attempted possession of burglary tools. Judgment and sentence was entered May 25, 1978. A direct appeal was timely taken to this court, Case No. KK-274.

On September 21, 1978, while Vogel's appeal was pending, the Florida Supreme Court held in State v. Thomas, 362 So.2d 1348 (Fla. 1978) that there is no such crime in Florida as attempted possession of burglary tools.

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