MITCHELL v. STATE

No. 94-00324.

657 So.2d 943 (1995)

Riley MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 12, 1995.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Julia Diaz, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph Hwan-Yul Lee, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

Riley Mitchell appeals the trial court's denial of his motion for judgment of acquittal on charges of burglary of a structure, possession of burglary tools, petit theft and obstructing or opposing an officer without violence. We agree with the appellant as to the conviction of possession of burglary tools, but otherwise affirm.

The state must prove that the appellant had in his "possession any tool, machine or implement with intent...

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