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PILOTO v. STATE

No. 4D01-2631.

842 So.2d 1055 (2003)

Ovel PILOTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 23, 2003.

Attorney(s) appearing for the Case

Steven W. Gomberg of the Law Office of Steven W. Gomberg, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm in all respects, except with regard to Piloto's conviction for possession of burglary tools. On this issue, the State failed to present a prima facie case because the evidence presented did not prove that the tools were used, or were intended to be used, in a burglary. § 810.06, Fla. Stat. (2001). Because the State's evidence was insufficient to prove that Piloto at least intended to use the tools found in the van to perpetrate a burglary...

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