Arrestable Offenses / Crimes under Fla. Stat. 810.06
CopyCited 100 times | Published | Supreme Court of Florida | 1992 WL 205518
...State,
591 So.2d 965, 967 (Fla. 1st DCA 1991), in which the district court certified the following question as being of great public importance: Are items of personal apparel, such as common gloves, included under the terms "tool, machine, or implement" as used in section
810.06, Florida Statutes? We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution....
...Green was charged with burglary [1] and with possession of burglary tools, [2] based on his possession of gloves when apprehended. The jury found Green guilty of both offenses. On appeal, the district court affirmed his conviction and sentences and certified the question. Section 810.06, Florida Statutes (1989), provides in pertinent part: "Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a fel...
...eneral word, the general word will usually be construed to refer to things of the same kind or species as those specifically enumerated. State ex rel. Wedgworth Farms, Inc. v. Thompson,
101 So.2d 381, 385 (Fla. 1958). With respect to the language in section
810.06, the word "implement" should be interpreted to refer to objects similar in nature to "tools" or "machines." Because gloves are not included in the definitions of "tool" or "machine," the doctrine of ejusdem generis limits the word "implement" to a definition that does not include gloves....
...rson's understanding of the statutory language. Therefore, we answer the certified question in the negative and conclude that items of personal apparel, such as common gloves, are not included under the terms "tool, machine, or implement" as used in section 810.06....
...We therefore quash the decision under review and direct the district court to reverse the conviction for possession of burglary tools. We decline to address the other issues raised by Green. It is so ordered. BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] §
810.02, Fla. Stat. (1989) [2] §
810.06, Fla....
CopyCited 89 times | Published | Supreme Court of Florida
...We answer the certified questions in the affirmative and approve the decision of the district court of appeal. It is so ordered. SUNDBERG, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur. NOTES [*] See §
810.02(2)(b), Fla. Stat. (1977) (burglary while armed), §
810.06 (possession of burglary tools), §
790.23 (possession of firearm by convicted felon), and §
790.01(2) (carrying concealed firearm).
CopyCited 70 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 22233, 1990 WL 194407
...8 When the trespass offense is accompanied by possession of a tool or implement used to commit the crime or when the offender is armed with a firearm or other dangerous weapon during the commission of a trespass, the offense may become a felony under sections
810.06 and
810.09(2)(c), Florida Statutes....
...atutes: Possession of burglary tools. — Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.... § 810.06, Fla.Stat....
CopyCited 41 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 367
...We approve the result of the district court's opinion for the reasons set forth below. Petitioner, Samuel Toole, was charged with burglary of a structure with the intent to commit theft therein, in violation of section
810.02, Florida Statutes (1983), and with possession of a burglary tool in violation of section
810.06....
CopyCited 36 times | Published | Supreme Court of Florida | 1988 WL 89767
...ate the crime. At trial, the court granted petitioner's motion to dismiss. The trial court specifically found that without the confession, there was insufficient evidence to establish beyond a reasonable doubt the corpus delicti of a violation under section 810.06, Florida Statutes (1985), Florida's burglary tool statute....
...ished the corpus delicti independent of petitioner's confession; and that possessing a screwdriver with intent to commit a burglary, even if the screwdriver was not actually used as a burglary tool, was sufficient for a conviction in this case under section 810.06....
...e. The statute is specific on this point: Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.... § 810.06, Fla....
...rhood while wearing socks on his hands, carrying a screwdriver, and attempting to jump a fence and run away. Even without the confession, this is sufficient evidence of criminal intent to establish prima facie the corpus delicti of a violation under section 810.06....
CopyCited 23 times | Published | Supreme Court of Florida
...Kuehne, Asst. Atty. Gen., West Palm Beach, for petitioner. Richard L. Jorandby, Public Defender, and Marc E. Kirk, Asst. Public Defender, West Palm Beach, for respondents. HATCHETT, Justice. If a defendant is charged with possession of burglary tools under Section
810.06, [1] is it necessary to instruct the jury on attempt? We have jurisdiction to answer this question, certified to us by the Fourth District Court of Appeal in its opinion at
351 So.2d 77 (Fla....
...his state, the opinion below is quashed, and the cause remanded for further proceedings with directions to reinstate the trial court's judgment of conviction. It is so ordered. ENGLAND, C.J., and ADKINS, BOYD and OVERTON, JJ., concur. NOTES [1] Sec. 810.06, Fla....
CopyCited 16 times | Published | Supreme Court of Florida | 1992 WL 324894
...24,
97 So. 207 (1923). [1] The elements of possession of burglary tools are (1) the defendant had in his possession a tool, and (2) the defendant had a fully formed conscious intent that the tool would be used by him or someone else to commit a burglary. §
810.06, Fla....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1992 WL 333231
...By instructing in this case that "the arrest and/or a detention of the defendant constitutes a lawful execution of a *915 legal duty" (Tr. 726) that issue was impermissibly taken from the jury. Third, defendant was charged with possession of burglary tools in violation of section 810.06, Florida Statutes (1991)....
...er was used to break the steering column and/or start the vehicle. While the testimony provided a basis on which the jury could find that the screwdriver was used to effectuate the theft of the vehicle, theft is not one of the offenses enumerated in section 810.06....
...In order for the State to establish that the screwdriver was a burglary tool, the State needed to adduce testimony showing that the defendant used, or actually intended to use, the screwdriver to commit a burglary or a trespass. Id.; see §§
810.02,
810.06,
810.08, Fla....
...There was no evidence at trial from which the jury could find that the defendant used the screwdriver to gain entry to the vehicle, nor evidence from which the jury could determine that the defendant possessed the screwdriver with the intent to use it to gain entry to the vehicle. That being so, the conviction under section 810.06 must be reversed....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1062502
...The trial court correctly concluded that, under the totality of the circumstances, there was a reasonable suspicion to support an investigatory stop. [2] As his second issue, defendant contends that the evidence was legally insufficient to convict him of the crime of possession of burglary tools under section 810.06, Florida Statutes (1997)....
...[3] Although it makes no difference to the outcome of the present case, we note that the First District disagrees with this court's decision in Hierro v. State. See Calliar v. State,
714 So.2d 1134 (Fla. 1st DCA), review granted,
727 So.2d 903 (Fla.1998). The First District reads the burglary tool statute, section
810.06, more broadly than this court does....
...t to commit the burglary or trespass. See
714 So.2d at 1135. We decline to certify conflict because resolution of the conflict would make no difference in the present case. If the evidence is legally sufficient under this court's narrower reading of section
810.06, Florida Statutes, then it necessarily is sufficient under the First District's broader reading of the same statute....
CopyCited 14 times | Published | Florida 4th District Court of Appeal
...Addressing ourselves initially to the question of whether there can be separate sentences imposed for burglary and possession of burglary tools, we are of the opinion that the two are distinct and separate crimes for which two convictions and two sentences are proper. See D'Agostino v. State,
334 So.2d 99 (Fla. 3d DCA 1976). Section
810.06 of the Florida Statutes (1979) defines the separate crime of possession of burglary tools and only requires possession of such tools with intent to use the same to commit a burglary....
CopyCited 9 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 113, 2007 Fla. LEXIS 559, 2007 WL 924203
...-------------------------------------------------------------------------------------------- *501 Comment This instruction was adopted in 1981 and amended in 1989 [
543 So.2d 1205] and 1992 [
603 So.2d 1175] and 2007. 13.2 POSSESSION OF BURGLARY TOOLS §
810.06, Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 1989 [
543 So.2d 1205], and 1995 [
665 So.2d 212], and 2007. 13.21 IMPAIRING OR IMPEDING TELEPHONE OR POWER TO A DWELLING TO FACILITATE OR FURTHER A BURGLARY §
810.061, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1997 WL 422770
...Finally, Karp asserts that the denial of his motion for judgment of acquittal on the charge for possession of burglary tools was error where the object possessed, a screwdriver, was a common household object and there was no evidence that he actually utilized this object to effectuate the burglary of the restaurant. Section 810.06, Florida Statutes (1993), provides in relevant part that: Whoever has in his possession any tool, machine, or implement with intent to use the same, ......
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1998 WL 390560
...The analysis in Hierro ignores the fact that the intent to commit the theft at the time of the illegal entry is an element of the crime of burglary. The two charges should not be treated as separate incidents, but rather as one criminal episode with a unified intent. Section 810.06, Florida Statutes (1995), provides in pertinent part that [w]hoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.......
...Thus, the trial court did not err in denying the motion for judgment of acquittal directed to this charge. BARFIELD, C.J., and WOLF, J., concur. JOANOS, J., dissents in part and concurs in part with written opinion. JOANOS, Judge, dissenting in part and concurring in part. In my opinion, the interpretation of the language of Section 810.06, Florida Statutes, regarding burglary tools, set out in Hierro v....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...Reversed, with directions to set aside judgment, sentence and order denying a new trial, and to grant the motion for a new trial. CARROLL, DONALD K., Acting C.J., concurs. WIGGINTON, J., dissents. WIGGINTON, Judge (dissenting). Appellants were charged with the offense of possessing burglarious tools in violation of F.S. Section 810.06, F.S.A....
CopyCited 6 times | Published | Supreme Court of Florida | 1999 WL 1080462
...ire cutters and a screwdriver. The bicycle was chained to a rack within a fenced area of the school. Calliar had entered the fenced area through an open gate. After his arrest, a jury convicted Calliar of possession of burglary tools in violation of section 810.06, Florida Statutes (1995), as well as burglary of an occupied structure and resisting an officer without violence. Calliar appealed his conviction for possession of burglary tools to the First District Court of Appeal, asserting that section 810.06 criminalizes possession with intent to use a tool to commit a burglary or trespass but does not criminalize the possession of a tool with intent to use it to commit a theft....
...ds to use to commit an offense while within the premises. Calliar,
714 So.2d at 1135 (emphasis added). Judge Joanos dissented from the panel's decision and expressed his agreement with the reasoning in Hierro: [T]he interpretation of the language of Section
810.06, Florida Statutes, regarding burglary tools, set out in Hierro v....
...However, assuming that the statute can be reasonably interpreted both ways, we must construe the provision most favorably to the accused. See §
775.021(1), Fla. Stat. (1995). The conviction on the charge of possession of burglary tools should be reversed. Id. at 1136. POSSESSION OF BURGLARY TOOLS Section
810.06, Florida Statutes (1995), provides: Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. (Emphasis added.) In Hierro, the Third District, in an opinion authored by Judge Cope, explained the meaning of section
810.06: That statute provides, "[w]hoever has in his possession any tool, machine, or implement with intent to use the same ......
...er was used to break the steering column and/or start the vehicle. While the testimony provided a basis on which the jury could find that the screwdriver was used to effectuate the theft of the vehicle, theft is not one of the offenses enumerated in section 810.06....
...In order for the State to establish that the screwdriver was a burglary tool, the State needed to adduce testimony showing that the defendant used, or actually intended to use, the screwdriver to commit a burglary or trespass. Id.; see §§
810.02,
810.06,
810.08, Fla....
...There was no evidence at trial from which the jury could find that the defendant used the screwdriver to gain entry to the vehicle, nor evidence from which the jury could determine that the defendant possessed the screwdriver with the intent to use it to gain entry to the vehicle. That being so, the conviction *887 under section
810.06 must be reversed.
608 So.2d at 915 (emphasis added). Like Judge Joanos in dissent, we agree with this straightforward construction of section
810.06....
...We are obligated to give statutes and the words they use their plain meaning. See Capers v. State,
678 So.2d 330, 332 (Fla. 1996); Weber v. Dobbins,
616 So.2d 956, 958 (Fla.1993). In this case that means construing "burglary tools" as tools used or intended to be used in committing a burglary or trespass as section
810.06 explicitly provides....
...l offense. See State v. Stephens,
601 So.2d 1195, 1197 (Fla.1992) (recognizing that a burglary is "complete" once a defendant enters a conveyance with the requisite intent to steal it). We conclude that accepting the First District's construction of section
810.06 would not only be inconsistent with the plain language of the statute but also could lead to unreasonable, if not absurd, results....
...ion of burglary tools on the basis of his possession of the paint. The paint, of course, would obviously not be something a defendant would ordinarily use to facilitate a burglary. Under the First District's holding and the State's interpretation of section 810.06, a defendant could even acquire the paint, or other item, after entering the premises, and use the item to commit some other crime, like vandalism, and then be convicted of possession of burglary tools for possessing the paint, water, chalk, or other item used to commit the vandalism. We reject such an interpretation of the plain language of section 810.06....
...nt herewith. Calliar's other convictions are not affected by our ruling. It is so ordered. HARDING, C.J., and SHAW, PARIENTE and LEWIS, JJ., concur. WELLS, J., dissents with an opinion, in which QUINCE, J., concurs. WELLS, J., dissenting. I dissent. Section
810.06, Florida Statutes (1995), when read in conjunction with the definition of burglary set forth in section
810.02(1), criminalizes the possession of burglary tools with an intent to use the tool either to enter a premises or to commit an offense while unlawfully on the premises....
...The analysis in Hierro ignores the fact that the intent to commit the theft at the time of the illegal entry is an element of the crime of burglary. The two charges should not be treated as separate incidents, but rather as one criminal episode with a unified intent. Section 810.06, Florida Statutes (1995), provides in pertinent part that [w]hoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.......
...A burglary can be committed by remaining in a structure with the intent to commit a crime. By requiring the tools to be used to gain entry into the structure, the majority narrows the scope of the statute. There is no basis in the language of these statutes for reading section 810.06 to require that the tool must be used to gain entry into the place to be burglarized....
...burglary. I would approve the First District's decision in this case and disapprove Hierro. QUINCE, J., concurs. NOTES [1] Petitioner also appealed his conviction for resisting an officer without violence. [2] As noted by Judge Joanos, to the extent section 810.06 may be susceptible to differing interpretations, this Court must construe section 810.06 most favorably to petitioner....
CopyCited 6 times | Published | District Court of Appeal of Florida
...ck changes to criminal when it is carried in a combination consisting of two ice picks, a knife, a screwdriver, a flashlight, and a pair of socks. For possession of these items, appellant was found guilty of possessing burglary tools in violation of Section 810.06, Florida Statutes (1977), notwithstanding the absence of any evidence that appellant had used the items to commit a burglary....
...Thus the question reserved for review by this court is a question of law which is dispositive of the case and the appeal is permissible. Brown v. State, No. 53,782 (Fla. June 14, 1979); State v. Ashby,
245 So.2d 225 (Fla. 1971); Fla.R.App.P. 9.140(b). The crime of possessing burglary tools is described in Section
810.06 as the possession of a tool, machine, or implement with the intent to use the same or allow the same to be used to commit a burglary or trespass....
...s so that the rule in the Foster case does not apply. The state does not make that argument here. Instead, the state relies on the argument that Foster v. State, supra , and Crosby v. State, supra , do not apply because of a change in the wording of Section 810.06. As the state correctly points out, at the time of the decision in the Foster case, Section 810.06 made it a crime to be in possession of a tool "adapted and designed" for cutting through, forcing or breaking open a building or a depository such as a safe in order to steal therefrom, with intent to use the tool for that purpose....
...f Foster, so that a conviction of possessing the coathangers as burglary tools could not be sustained in the absence of evidence that they were in fact used as a burglary tool. The state points out that subsequent to the decision in the Foster case, Section 810.06 was amended to eliminate the words "adapted and designed" in describing what is a burglary tool within the meaning of that section. The state argues that this court failed to perceive the fact that the statute had been amended when it relied on Foster in making its decision in Crosby. We do not agree with the state that the change in the wording of Section 810.06 nullified the rule announced in the Foster case....
...lly designed and adapted for honest and lawful uses. People v. Taylor, 410 Ill. 469, 102 N.E.2d 529 (1951). Thus the screwdriver considered by the court in the Foster case met the requirement of being adapted and designed for use as a burglary tool. Section 810.06 required prior to its amendment, as it does now, not only the possession of a tool suitable (adapted and designed) for use as a burglary tool, but possession with intent to use the tool as a burglary tool....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...Appellant, defendant below, brings this appeal from judgment and sentence entered by the trial court pursuant to a jury verdict of guilty. Defendant Estevez and a co-defendant, one Manuel Canal, Jr., were charged with the crime of Possession of Burglary Tools under § 810.06, Fla.Stats., F.S.A....
...ool found in Canal's automobile were often used. The jury found defendants Estevez and Canal guilty. Estevez subsequently brought this appeal, arguing essentially that there was insufficient evidence from which the jury could conclude he was guilty. Section 810.06, Fla.Stats., F.S.A., Possession of burglarious tools, reads: "Whoever makes or mends, or begins to make or mend, or knowingly has in his possession any engine, machine, tool or implement adapted and designed for cutting through, forcin...
...Defendant's principal contention is that he was never shown to have had actual, physical possession of the tool and that element was lacking in the state's case. There are several Florida cases holding, in a variety of circumstances, that the evidence was sufficient to sustain a conviction under § 810.06, Fla.Stats., F.S.A....
...We were, however, unable to find any *832 reported Florida decisions bearing directly on the question of whether a conviction can be sustained only if it is established that defendant had manual possession of the tool. In several jurisdictions with statutes similar to § 810.06, Fla.Stats., it has been held that possession of burglary tools may be joint or several and that these tools need not be in defendant's manual possession in order to justify a conviction for possession....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14722, 2006 WL 860974
...Likewise, the crime of possession of burglary tools is a specific intent crime, as it provides that "[w]hoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree...." § 810.06, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...se for which appellants now are convicted. Evidence of appellants' use of a tire tool and crowbar to break into a vending machine and to open a gas tank cap was relevant, too, to the charge that appellants possessed burglarious tools in violation of § 810.06, F.S....
...s tools to a term of imprisonment for five years, of which the final three years were suspended, and a term of probation for five years thereafter. The State agrees that the sentence is excessive to the extent of the final two years of probation. Secs.
810.06,
775.082, F.S....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1995 WL 701628
...ttempted trespass to a structure; as to Count II, the jury found appellant guilty as charged of possession of burglary tools. Appellant did not appeal the conviction or disposition as to the attempted trespass to a structure. The applicable statute, section 810.06, Florida Statutes, provides in part: *831 Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, ......
...In Thomas, the accused was arrested in a frequently burglarized neighborhood, while wearing socks on his hands and carrying a screwdriver, and then attempted to jump a fence and run away. The supreme court found this evidence sufficient to establish a prima facie violation of section 810.06, including the element of criminal intent....
...(Footnote omitted; emphasis added.) Thus, the offense of possession of burglary tools requires some overt act toward the commission of a burglary or trespass to prove the intent element of possession. Smith v. State,
588 So.2d 654, 656 (Fla. 2d DCA 1991). Contrary to the majority, I do not read section
810.06, Florida Statutes, or Thomas to require Appellant to use or attempt to use the alleged burglary tools at the time he engages in the "overt act." In this case, the evidence shows that Appellant was seen to drive slowly through the parki...
CopyCited 3 times | Published | Supreme Court of Florida
...r was intended to be used, in a burglary. In Borges v. State,
415 So.2d 1265 (Fla. 1982), we upheld a conviction and sentence for both the offense of burglary, section
810.02, Florida Statutes (1977), and the offense of possession of burglary tools, section
810.06, Florida Statutes (1977)....
...1968), or under the Schedule of Lesser Included Offenses in the Florida Standard Jury Instructions, at 264 (2d edition 1981). Possession of a common household item can be illegal when the person possessing it has used it in committing a burglary or has the intent to use it in committing a burglary. §
810.06. The offenses of burglary and possession of burglary tools are separately defined offenses under sections
810.02 and
810.06, and, even through the tool in question is a screwdriver, a person may properly be convicted and sentenced for each of them under section
775.021(4)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 WL 2612895
...The requirement of "sufficient similarity" was significant in this case because the videotaped demonstration was to prove an issue in disputewhether the porcelain pieces were capable of breaking the car window, so that they could be a "burglary tool" within the meaning of section 810.06, Florida Statutes (2005), one of the charged felonies....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1995 WL 621755
...*1256 Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ. PER CURIAM. This is an appeal by the defendant Clayton Strachn from judgments of conviction and sentences for attempted burglary [§§
777.04(1),
810.02(1), Fla. Stat. (1993)] possession of burglary tools [§
810.06, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 861
...State,
476 So.2d 158 (Fla. 1985). Accordingly, we vacate the sentence and remand for resentencing. AFFIRM; VACATE SENTENCE AND REMAND FOR RESENTENCING. DAUKSCH and UPCHURCH, JJ., concur. NOTES [1] §
810.02(2), Fla. Stat. (1983). [2] §
812.014, Fla. Stat. (1983). [3] §
810.06, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 275814
...The statute is specific on this point: Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.... *692 § 810.06, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 1307481
...not be viewed as burglary tools under a statutory scheme prohibiting possession of "`any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary....'"
604 So.2d 471, 472 (Fla.1992) (quoting *246 §
810.06, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 258141
...The statute is specific on this point: Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree . . . . § 810.06, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1999 WL 13032
...iver could have been used to start his car. The victim also noted that the passenger door had been jimmied, presumably with a screwdriver. In Thomas v. State,
531 So.2d 708, 709 (Fla.1988), our supreme court concluded that the burglary tool statute, section
810.06, Florida Statutes, describes and prohibits a crime in the nature of an attempt....
...In short, the State failed to prove that A.J.R. illegally possessed burglary tools. Reversed and remanded with directions to discharge A.J.R. PATTERSON, A.C.J., and DANAHY, PAUL W. (SENIOR) JUDGE, Concur. NOTES [1] We note that the First and Third Districts are in conflict concerning whether section
810.06, Florida Statutes, can be applied to the defendant's use of the tools to commit a theft rather than the actual burglary. In Hierro v. State,
608 So.2d 912 (Fla. 3d DCA 1992), the court commented that grand theft is not a crime enumerated in section
810.06, and therefore it cannot be used as the underlying crime for conviction of possession of burglary tools....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1994 WL 406603
...We remand for the sole purpose of correcting the scrivener's error. Mosco need not be present. AFFIRM; REMAND to correct scrivener's error. PETERSON and THOMPSON, JJ., concur. NOTES [1] §
810.02(3), Fla. Stat. (1993). [2] §
784.045(1)(a), Fla. Stat. (1993). [3] §
810.06, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 4224131
...Appellant next contends that the trial court erred in denying his motion for judgment of acquittal on the charge of possession of burglary tools. We agree because the gloves and shirt are not burglary "tools" and there was no evidence that Remor used or intended to use the miner's light to commit a burglary. Section 810.06, Florida Statutes (2007) states that [w]hoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 777451
...See §
924.051(1)(b), Fla. Stat. (Supp.1996). Having found no merit to any of the claims of reversible error raised by Mr. Adside in this appeal, we affirm his convictions and sentences. AFFIRMED. DAUKSCH and HARRIS, JJ., concur. NOTES [1] §
810.02, Fla. Stat. (1995). [2] §
810.06, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 17234, 2009 WL 3837431
...To support a conviction for possession of burglary tools, the State must prove that the defendant had "in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass." §
810.06, Fla. Stat. (2007). Brooks is correct that gloves are not burglary tools under section
810.06. See Green v. State,
604 So.2d 471, 473 (Fla. 1992) (concluding "that items of personal apparel, such as common gloves, are not included under the terms `tool, machine, or implement' as used in section
810.06")....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...and TORPY and EVANDER, JJ., concur.
1“Possession of burglary tools.—Whoever has in his or her possession any tool,
machine, or implement with intent to use the same, or allow the same to be used, to
commit any burglary or trespass shall be guilty of a felony of the third degree . . . .”
§ 810.06, Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 77088, 2016 WL 3256935
...cause. Dunn also sued the City of Boynton Beach (“the City”) for false arrest 1 under state law based on a *1316 theory- of vicarious liability. Additionally, Dunn brought a claim for a declaratory judgment against both Defendants that sections
810.06 (possession of burglary tools) and
856.021 (loitering or prowling) of the Florida statutes were unconstitutional ly applied to him....
...e peace is imminent or the public safety is threatened.” B. A. A. v. State,
356 So.2d 304, 305 (Fla.1978). b. Probable Cause for Possession of Burglary Tools Officer Munro also lacked probable cause to arrest Dunn for possession of burglary tools. Section
810.06 of the Florida statutes provides: “Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10237
...State,
569 So.2d 425 (Fla.1990). With regard to the possession of burglary tools, this evidence also tends to show that C.W. had the crowbar in his possession "with intent to use the same, or allow the same to be used, to commit any burglary or trespass." §
810.06, Fla.Stat....
CopyCited 1 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 589, 1995 Fla. LEXIS 1960, 1995 WL 716642
verdict forms): (4) POSSESSION OF BURGLARY TOOLS F.S.
810.06 Before you can find the defendant guilty of Possession
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 4951, 2006 WL 860974
...Likewise, the crime of possession of burglary tools is a specific intent crime, as it provides that “[wjhoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree ....”§ 810.06, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1017
...Gen., Tampa, for appellee. SCHEB, Judge. K.W., a juvenile, challenges the trial court's order finding him guilty of the offense of possessing burglary tools and placing him on community control. K.W. was charged with being delinquent for having violated section 810.06, Florida Statutes (1983), which provides: Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall *369 be guilty of a felony of the third degree ......
...The deputy then checked the area but found the bank machine showed no signs of any attempted entry and that no machines or businesses in the area had been burglarized. On the basis of Deputy Nelson's testimony, the trial judge found K.W. to be delinquent for having violated section 810.06....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21230
...ence, however slight, with another’s enjoyment of his personal property. 32 Fla.Jur. Trespass, § 4 (1960). Therefore, we conclude that the obvious intent of the legislature was to include any trespass, statutory or common-law, within the ambit of section 810.06....
...Section
810.12 makes the unauthorized entry into posted land with a machine, tool, motor vehicle or draft animal prima facie evidence of intent to trespass. If such trespass is committed with a jeep, does the jeep become a “burglary tool” as defined by section
810.06 because it is a machine used to commit a trespass? The same problem arises with respect to any of the statutory trespass statutes, whether included in chapter 810 or in other statutory provisions. 3 Because of the questions raised by this interpretation, and because we find it to be of great public importance, we certify to the Supreme Court, pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), the following question: Does section
810.06, Florida Statutes (1979), encompass: (a) only those trespasses included within said chapter 810; or (b) any statutory trespass; or (c) any statutory or common-law trespass, when it proscribes the possession of any tool, machine or implement with intent to use or permit such to be used to commit “any burglary or trespass.” Judgment AFFIRMED. Question CERTIFIED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. . §
810.06, Fla.Stat....
...(2) “Conveyance” means any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car. . Other examples making certain acts “trespass” can readily be found in the statutes. We point out that no challenge has been made to the constitutionality of section 810.06, and so that question is not considered.
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 4448862, 2012 Fla. App. LEXIS 16161
...xit from the homeowner’s development. During the search pursuant to the arrest they found tools in the back seat of the car and in a fanny pack which the state claims were burglary tools. Carbone was charged with possession of burglary tools under section 810.06, Florida Statutes (2009)....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 12239, 2000 WL 1362803
...The steering column on the stolen Dodge Neon had been broken, so that the vehicle could be started with a screwdriver. However, there was no evidence presented as to a burglary or trespass of the vehicle. See Desin v. State,
414 So.2d 516 (Fla.1982); §
810.06, Fla....
...3d DCA 1992), which held: In order for the State to establish that the screwdriver was a burglary tool, the State needed to adduce testimony showing that the defendant used, or actually intended to use, the screwdriver to commit a burglary or a trespass. [Thomas v. State,
531 So.2d 708 , (Fla.1988) ]; see §§
810.02,
810.06,
810.08, Fla....
...There was no evidence at trial from which the jury could find that the defendant used the screwdriver to gain entry to the vehicle, nor evidence from which the jury could determine that the defendant possessed the screwdriver with the intent to use it to gain entry to the vehicle. That being so, the conviction under section 810.06 must be reversed....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16623
crime of possession of burglary tools under Section
810.06 Florida Statutes (1975) is in and of itself
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 14707, 2001 WL 1230770
...burglary and a tool used or intended to be used to commit an offense once inside the premises. The court held that possession of the former will support a conviction of possession of burglary tools, while possession of the latter will not. See also § 810.06, Fla....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5010
possession of burglarious tools in violation of §
810.06, Fla.Stat., F.S.A. The appellant urges that the
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 17654, 2003 WL 22735193
...t one year. In the event he has succeeded on probation, we express no view as to whether that might be an appropriate ground for downward departure. REVERSED and REMANDED. SHARP, W., and TORPY, JJ„ concur. . §
810.02(1), (4), Fla. Stat. (2002). . §
810.06, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 16917, 2015 WL 7008171
...Accordingly, we reverse the conviction for possession of burglary tools, and remand for resentencing. Under binding precedent, where tools are not employed or intended to be used to gain entry, their possession is not the crime of possession of burglary tools. See Calliar v. State,
760 So.2d 885, 886-87 (Fla.1999) (holding section
810.06, Florida *415 Statutes, “requires proof ‘not merely that the accused intended to commit a burglary or trespass while those tools were in his possession, but that the accused actually intended to use those tools to perpetrate the crime’ ” (quoting Hierro v....
...f unlawfully entering the premises of another, which is not satisfied by proof that the defendant intended to use the tools to commit an offense after entering the premises.” Hardwick v. State,
16 So.3d 1045, 1046 (Fla. 1st DCA 2009). We must read section
810.06, Florida Statutes (2013) (providing “Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree ....”) with the gloss of Calliar, Thomas, Hardwick, and Clark ....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5866
...The appellant, Schwam, appeals from his judgment and sentence for the crime of possession of burglary tools. The question on appeal is whether there was sufficient competent evidence presented in the non-jury trial to prove that Schwam violated Fla.Stat. § 810.06, F.S.A....
CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2425
question as one of great public importance: Does section
810.06, Florida Statutes (1979), encompass: (a) only
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6076
...tering of an automobile. Each was convicted of the offenses charged, adjudged guilty, and sentenced to a term of imprisonment. The informations charging appellants with the possession of burglary tools were brought pursuant to the provisions of F.S. Section 810.06, F.S.A., which is as follows: “Whoever * * * knowingly has in his possession any * * * tool or implement adapted and designed for * * * forcing or breaking open any building, vault, safe or other depository, in order to steal therefr...
...it a criminal offense to break and enter an automobile or motor vehicle was not passed until 1943. 2 Appellants therefore reason that an automobile does not fall within the category of a building, vault, safe or other depository as specified in F.S. Section 810.06, F.S.A., and therefore possession of the tool which *48 was being used by them to break and enter the trunk of the automobile is not proscribed by the section of the statute under which they are charged....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1427, 1987 Fla. App. LEXIS 8738
...Thus, the incriminatory statement was admissible. Appellee argues, however, that when a tool is a common household item, intent to use it as a burglary tool may be established only by evidence that it was actually used to commit or to attempt to commit a burglary. The pertinent statute, section 810.06, Florida Statutes (1985), states: Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s....
CopyPublished | Supreme Court of Florida | 1955 Fla. LEXIS 3879
possession of burglary tools in violation of Section
810.06, F.S.1951, F.S.A. Defendant was also charged
CopyPublished | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3384
...Anthony Cappetta and Nicholas Cappetta, defendants-appellants, protest on this appeal the judgments of conviction and sentences resulting from their joint trial before a jury under a charge of the crime of possessing burglary tools in violation of section 810.06, Florida Statutes, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 7425, 1995 WL 407778
...We agree with the appellant as to the conviction of possession of burglary tools, but otherwise affirm. The state must prove that the appellant had in his “possession any tool, machine or implement with intent to use the same, or allow the same to be used to commit any burglary or trespass_” § 810.06, Fla....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 6129
...The appellants were found guilty, after a non-jury trial, under an information which charged them under Count I with breaking and entering a building with intent to commit a felony, to-wit: grand larceny, -and under Count II of the “possession of burglary tools” in violation of Section 810.06, Florida Statutes, F.S.A....
...ines of the building. The record, however, does contain sufficient competent evidence to affirm the *708 conviction and judgment that the appellants were guilty of the crime of having in their possession certain “burglary tools,” in violation of Section 810.06, Florida Statutes, F....
...y of breaking and entering a building with intent to commit a felony, to-wit: grand larceny. The cause is hereby remanded to the trial judge for the imposition of such sentence as he shall deem fit and proper under the circumstances for violation of Section 810.06, Florida Statutes, F.S.A....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 50
...State,
569 So.2d 425 (Fla.1990). With regard to the possession of burglary tools, this evidence also tends to show that C.W. had the crowbar in his possession “with intent to use the same, or allow the same to be used, to commit any burglary or trespass.” §
810.06, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2004 WL 136417
...ywood and not to go inside of the building. 1 The trial court’s specific finding that the State failed to prove that appellant intended to enter the store requires that we reverse the adjudication of delinquency for possession of burglary tools. 2 Section 810.06, Florida Statutes (2002), Possession of burglary tools, states: Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 254
court concluded that the burglary tool statute, section
810.06, Florida Statutes, describes and prohibits
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 396, 2015 WL 160715
...1974)).
Here, Platt was found guilty by the jury of the lesser-included offense of
trespassing. Trespassing is specifically included as an offense that will support a
-2-
finding of guilt for possession of burglary tools. § 810.06, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1972 Fla. App. LEXIS 7256
a sentence entered thereupon, he appeals. See §
810.06, Fla.Stat., F.S.A. We reverse and order that he
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6959
HENDRY, Judge. The appellant was charged by information for the crime of Possession of Burglary Tools, in violation of § 810.06, Fla....
...ve the “intent to use or employ or allow the [burglary tools] to be used or employed for [commission of burglary]”, the state failed to demonstrate the felonious intent so required. It is significant that all prior convictions in the state under § 810.06, supra, which have been affirmed on appeal have shown situations wherein the convicted defendant below was in immediate possession of the tools....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2301, 2006 WL 398318
...At the close of the State’s case, A.W.’s counsel moved for a judgment of dismissal, arguing that the State had failed to offer evidence that the screwdriver was used to commit a burglary and had failed to prove the required elements to establish a prima facie case for possession of burglary tools. The motion was denied. Section 810.06, Florida Statutes, defines the crime of possession of burglary tools....
...The statute reads, in relevant part: “Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.... ” § 810.06, Fla....
...as to the possession of burglary tools. The appellate court found: While the testimony provided a basis on which the jury could find that the screwdriver was used to effectuate the theft of the vehicle, theft is not one of the offenses enumerated in section 810.06....
...In order for the State to establish that the screwdriver was a burglary tool, the State need to adduce testimony showing that the defendant used, or actually intended to use, the screwdriver to commit a burglary or trespass. That being so, the conviction under section 810.06 must be reversed....
CopyPublished | Florida 5th District Court of Appeal | 1978 Fla. App. LEXIS 15592
and possession of burglary tools contrary to Section
810.06, Florida Statutes (1975). After a trial by
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7178
PER CURIAM. This is an appeal by a defendant who was found guilty and sentenced for (1) buying, receiving and concealing stolen property and (2) possession of burglarious tools made unlawful by F.S. § 810.06, F.S....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 12224, 1991 WL 257733
...argued that the evidence did not show that he was using the gloves to commit a burglary, rather than to merely avoid detection. He also maintained that gloves are not within the statutory definition of a “tool, machine, or implement” pursuant to section 810.06, Florida Statutes....
...den. 395 Mass. 1103 , 481 N.E.2d 197 (1985), a Massachusetts court recognized some uncertainty in that state's case law, but determined that it was not bound to follow precedent which suggested that gloves were not “burglarious” implements. Unlike section 810.06, Florida Statutes, the Massachusetts statute prohibits the possession of only those implements which are “adapted and designed for cutting through, forcing or breaking open a building,” etc....
...that the defendant was attempting to use the objects to commit a burglary. Although a glove and a ski mask were among the “tools” which the defendant was charged with possessing, it was not necessary for the court in Broughton to address whether section 810.06, Florida Statutes could be violated by the possession of a glove....
...In considering the particular combination of tools or implements the court suggested it is common knowledge that burglars use gloves to avoid leaving fingerprints. In addition to the question of whether gloves are a burglary tool or implement under section 810.06, the appellant contends that his possession of the gloves was not shown to be accompanied by the intent (to use, or allow the object to be used, to commit a burglary) which the statute requires....
...Accordingly, we affirm appellant’s conviction and sentences and certify the following question to the supreme court as one of great public importance: Are items of personal apparel, such as common gloves, included under the terms “tool, machine or implement” as used in section 810.06, Florida Statutes? BOOTH, J., concurs and ALLEN, J., concurs in part and dissents in part with opinion.
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 13229, 1996 WL 729753
...ffective date of the amended statute, which authorizes such fees. See Tibero v. State,
646 So.2d 213 (Fla. 5th DCA 1994); Ch. 95-189, § 1, Laws of Fla. AFFIRMED in part; REMANDED for Correction of Probation Order. HARRIS and GOSHORN, JJ., concur. . §
810.06, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 464, 1988 Fla. LEXIS 870
...the crime. At trial, the court granted petitioner’s motion to dismiss. The trial court specifically found that without the confession, there was insufficient evidence to establish beyond a reasonable doubt the corpus de-licti of a violation under section 810.06, Florida Statutes (1985), Florida’s burglary tool statute....
...rime. The statute is specific on this point: Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree_ § 810.06, Fla.Stat....
...rhood while wearing socks on his hands, carrying a screwdriver, and attempting to jump a fence and run away. Even without the confession, this is sufficient evidence of criminal intent to establish prima facie the corpus delicti of a violation under section 810.06....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 5684, 2003 WL 1916706
...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....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14081
PER CURIAM. Appellant was charged with possession of burglary tools proscribed by Fla.Stat. § 810.06 (1973)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1017, 1985 Fla. App. LEXIS 13482
SCHEB, Judge. K.W., a juvenile, challenges the trial court’s order finding him guilty of the offense of possessing burglary tools and placing him on community control. K.W. was charged with being delinquent for having violated section 810.06, Florida Statutes (1983), which provides: Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall *369 be guilty of a felony of the third degree The only evidence offered against K.W....
...The deputy then cheeked the area but found the bank machine showed no signs of any attempted entry and that no machines or businesses in the area had been burglarized. On the basis of Deputy Nelson’s testimony, the trial judge found K.W. to be delinquent for having violated section 810.06....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 5342, 2011 WL 1414004
...ce to support the following elements: (1) Clark intended to commit a burglary; (2) Clark had in his possession tools that he intended to use in the commission of the burglary; and (3) Clark did some overt act toward the commission of a burglary. See § 810.06, Fla....
...awfully enter the premises of another: We are obligated to give statutes and the words they use their plain meaning. In this case that means construing “burglary tools” as tools used or intended to be used in committing a burglary or trespass as section 810.06 explicitly provides....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 4412, 25 Fla. L. Weekly Fed. D 938
...the other person of a right to the property' or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. . See §
812.014(2)(c)(6), Fla. Stat. (1997). . See §
810.06, Fla....
