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Piloto v. State

Citations: 842 So. 2d 1055; 2003 Fla. App. LEXIS 5684; 2003 WL 1916706Docket: No. 4D01-2631

Court: District Court of Appeal of Florida; April 23, 2003; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms Piloto's convictions on all charges except for possession of burglary tools. The State failed to establish a prima facie case for this charge, as the evidence did not demonstrate that the tools were used or intended for use in a burglary, as required by Florida Statute 810.06 (2001). Consequently, the conviction for possession of burglary tools is reversed and remanded for discharge. The ruling references Latimore v. State, 753 So.2d 690 (Fla. 4th DCA 2000) for support. The decision is affirmed in part, reversed in part, and remanded for discharge, with Judges Gunther, Shahood, and Taylor concurring.

Legal Issues Addressed

Partial Affirmation and Reversal of Judgments

Application: The court affirmed Piloto's convictions on all charges except for possession of burglary tools, demonstrating a selective approach to evaluating the sufficiency of evidence for each charge.

Reasoning: The court affirms Piloto's convictions on all charges except for possession of burglary tools. The decision is affirmed in part, reversed in part, and remanded for discharge.

Precedential Support from Latimore v. State

Application: The court referenced Latimore v. State as supporting authority for the decision to reverse the conviction for possession of burglary tools, suggesting reliance on prior case law regarding the sufficiency of evidence.

Reasoning: The ruling references Latimore v. State, 753 So.2d 690 (Fla. 4th DCA 2000) for support.

Reversal of Conviction for Insufficient Evidence

Application: Due to the lack of evidence to support the charge of possession of burglary tools, the conviction was reversed and the case remanded for discharge.

Reasoning: Consequently, the conviction for possession of burglary tools is reversed and remanded for discharge.

Standard for Prima Facie Case under Florida Statute 810.06

Application: The court found that the State failed to establish a prima facie case for possession of burglary tools because the evidence did not demonstrate that the tools were used or intended for use in a burglary.

Reasoning: The State failed to establish a prima facie case for this charge, as the evidence did not demonstrate that the tools were used or intended for use in a burglary, as required by Florida Statute 810.06 (2001).