MacINTOSH v. STATE

No. 81-1639.

438 So.2d 485 (1983)

Joseph D. MacINTOSH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 27, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and John Robenalt, Asst. Atty. Gen., for appellee.

Before HENDRY and DANIEL S. PEARSON, JJ., and MELVIN, WOODROW M., (Ret.), Associate Judge.


HENDRY, Judge.

Appellant challenges his conviction of attempted burglary and possession of a burglary tool. On appeal, appellant contends that the trial court erred in denying his motion for judgment of acquittal where the evidence was insufficient to prove that once inside the building, he intended to commit the specific offense of theft, as was alleged in the information. Additionally, appellant asserts that the trial court erred in failing to instruct the jury...

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