Biggs v. State

District Court of Appeal of Florida

Biggs v. State

329 So. 2d 415, 1976 Fla. App. LEXIS 14081

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 1976

DocketNo. 75-407

StatusPublished

Cited by1 cases

This text of 329 So. 2d 415 (Biggs v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Biggs v. State, 329 So. 2d 415, 1976 Fla. App. LEXIS 14081 (Fla. Ct. App. 1976).

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PER CURIAM.

Appellant was charged with possession of burglary tools proscribed by Fla.Stat. § 810.06 (1973). Upon review of the briefs and record we conclude that the evidence was insufficient to support a finding that the common tools found in the possession of appellant were then possessed “with intent to use or employ . . . the same [in a burglary].” The judgment is reversed and the court directed to discharge appellant.

REVERSED and REMANDED.

CROSS and OWEN, JJ., concur. MAGER, J., dissents, with opinion.

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PER CURIAM.

Appellant was charged with possession of burglary tools proscribed by Fla.Stat. § 810.06 (1973). Upon review of the briefs and record we conclude that the evidence was insufficient to support a finding that the common tools found in the possession of appellant were then possessed “with intent to use or employ . . . the same [in a burglary].” The judgment is reversed and the court directed to discharge appellant.

REVERSED and REMANDED.

CROSS and OWEN, JJ., concur. MAGER, J., dissents, with opinion.

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329 So. 2d 415, 1976 Fla. App. LEXIS 14081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biggs-v-state-fladistctapp-1976.

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