STEPHENS v. STATE

No. 5D10-1794.

78 So.3d 686 (2012)

Jerry STEPHENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 27, 2012.


Attorney(s) appearing for the Case

Robert Wesley , Public Defender, and Joseph C. Flynn, III , Assistant Public Defender, Orlando, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Carmen F. Corrente , Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

Appellant challenges his convictions and sentences for attempted burglary of a dwelling and resisting an officer without violence. We agree with Appellant that the lower court erred by admitting into evidence certain "tools" found in Appellant's possession when he was apprehended shortly after the attempted burglary. The perpetrator gained entry through an open bathroom window and no property was taken from the residence. Therefore, the lower court improperly...

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