Jones v. State

Full title: ADAM JONES, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 2, 2000

No. 4D98-2042 (Fla. Dist. Ct. App. Jan. 2, 2000)

Opinion

No. 4D98-2042.

Opinion filed January 2, 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge; L.T. No. 97-2666 CF10

Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR CLARIFICATION

KLEIN, J.

Appellant has moved for clarification, pointing out that the appellant, in addition to having been convicted of burglary of a conveyance, was also convicted of possession of burglary tools. The only tool in appellant's possession, however, was a lug nut wrench, which was used to remove the lug nuts. Appellant argues, and we agree, that if it is not burglary to remove lug nuts, it follows that the lug nut wrench was not a burglary tool. We therefore clarify that the reversal for judgment of acquittal is on both counts.

FARMER and HAZOURI, JJ., concur.