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BURKE v. STATE

No. 93-3689.

672 So.2d 829 (1995)

Jason BURKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 24, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Patrick Martin, Assistant Attorney General, Tallahassee, for Appellee.

JOANOS, Judge.

Jason Burke appeals his conviction and sentence for possession of burglary tools.

The issue is whether the state presented a prima facie case that appellant had the requisite intent to use the suspect tools in a burglary or trespass. We reverse.

Appellant was charged with committing the offenses of attempted burglary of a structure and possession of burglary tools. At trial, the assistant manager...

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