LATIMORE v. STATE

No. 4D97-1396.

753 So.2d 690 (2000)

James LATIMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 15, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, C.J.

The question presented in this appeal is whether a flashlight which is never observed being used in any manner during a burglary may still constitute a burglary tool to support a conviction for possession of burglary tools. We hold that a conviction for possession of burglary tools must be reversed where there is no overt act which either constitutes use or manifests an intent to use the flashlight during the burglary.

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