OSBORNE v. STATE

No. 4D07-2983.

997 So.2d 1266 (2009)

Thomas OSBORNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 5, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


DAMOORGIAN, J.

Thomas Osborne appeals his conviction and sentence on the charge of possession of burglary tools. We reverse because the trial court erred in allowing the state, at trial, to introduce irrelevant, highly prejudicial evidence of a gun.

During a routine patrol, two Fort Lauderdale police officers noticed a vehicle in the roadway which appeared to be broken down. They pulled over and approached Osborne, who was inside the vehicle pulling things...

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