TOOLE v. STATE

No. AT-238.

456 So.2d 1268 (1984)

Samuel TOOLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 26, 1984.


Attorney(s) appearing for the Case

Michael Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and David P. Gauldin, Asst. Atty. Gen., for appellee.


ERVIN, Chief Judge.

Appellant, Toole, was charged with burglary of a structure "with the intent to commit the offense of theft therein" and with possession of a burglary tool. At trial, defense moved for judgment of acquittal at the close of the state's evidence and renewed the motion at the close of all the evidence, asserting that there was no evidence of intent to commit theft. The motion was denied and a jury found Toole guilty as charged. Toole appeals the denial...

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