Smith v. State

Full title: HERBERT SMITH, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 14, 1992

596 So. 2d 173 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1700.

April 14, 1992.

An Appeal from the Circuit Court of Monroe County; Richard G. Payne, Judge.

Bennett H. Brummer, Public Defender and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Barbara Arlene Finx, Asst. Atty. Gen., for appellee.

Before LEVY, GERSTEN and GODERICH, JJ.

PER CURIAM.

The defendant's conviction for possession of burglary tools is reversed based on the authority of State v. Stephens, 586 So.2d 1073 (Fla. 5th DCA 1991).

Reversed.¹

1 The reversal of the defendant's conviction for possession of burglary tools in no way affects his conviction for grand theft of a motor vehicle since that conviction was not appealed.