DONALD ANGELO TROISE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence was sufficient to support the conviction for possession of burglarious tools, and that it lacked jurisdiction to review the vagrancy conviction.
Donald Troise was convicted of possession of burglarious tools, specifically a ring of keys designed to open coin machines. He was apprehended with th…
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Donald Troise was convicted of the possession of burglarious tools (§ 810.06 Fla. Stat., F.S.A.) and sentenced to one year in the County Jail. On this appeal he-raises only the question of the sufficiency of the evidence to support the conviction. He urges that his possession of the tools-(in this instance a ring of keys designed to open many different kinds of coin machines) was not proved to be with the-intent to use them for an unlawful purpose.
It is clear that the trial judge, as a finder of fact, correctly found that the-possession of the keys at the time and place-where appellant was apprehended and without reasonable explanation for his possession, coupled with appellant’s attempt to-surreptitiously dispose of the keys, was-sufficient to prove an unlawful purpose. Diaz v. State, Fla.1955, 82 So.2d 135; Rinehart v. State, Fla.App.1959, 114 So.2d 487.
Appellant attempts to raise on this; appeal a question as to his conviction on a separate charge of vagrancy. This Court has no jurisdiction to review a conviction- and sentence for a misdemeanor. Constitution of the State of Florida, Article V, § 6(3), F.S.A. Under authority of Rule 2.1, subd. a(5) (d), Fla.App.Rules, 31 F.S.A., this appeal, insofar as it is-concerned with the misdemeanor conviction, is transferred to the Circuit Court of Dade County by separate order. See-Christian v. State, Fla.App.1965, 176 So.2d 561 [Opinion filed June 22, 1965].
The judgment and sentence upon the; felony charge is affirmed.
Affirmed.
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COX v. State, 219 So. 2d 762 (Fla. 3d DCA 1969)…judgment and sentence rests in the Circuit Court of Dade County, Florida. This appeal, as far as it is concerned with the misdemeanor conviction is transferred to the Circuit Court of Dade County by separate order. See Troise v. State, Fla.App.1965, 177 So. 2d 24. We proceed to the merits of appellant’s points on appeal. During cross-examination of the robbery victim, the attorney for the defendant asked the following ques [*764] tions concerning a telephone conversation with the police: Q. Now, I presume…
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Hanks v. State, 195 So. 2d 49 (Fla. 3d DCA 1967)…2 at 175 P. 2d 638. . Gray v. State, 243 Wis. 57, 9 N.W. 2d 68 (1943). . Sutherland v. State, Pla.App.1964, 167 So. 2d 236; Rinehart v. State, Pla.App.1959, 114 So. 2d 487. . Diaz v. State, Fla.1955, 82 So. 2d 135; Troise v. State, Fla.App.1965, 177 So. 2d 24.…
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Preston v. State, 373 So. 2d 451 (Fla. 2d DCA 1979)…. 68, 389 A. 2d 604 (1978) (locksmith’s tools). On the other hand, in cases in which surrounding circumstances were held sufficient to show unlawful intent, the items in question were not of an innocent character. See, for example, Troise v. State, 177 So. 2d 24 (Fla. 3d DCA 1965) (keys to coin operated machines); People v. Faginkrantz, 21 Ill.2d 75, 171 N.E. 2d 5 (1960) (cutting torch, oxygen tanks, air gauge, acetylene gauge, ax, hacksaw, and sledge hammer carried in an automobile); People v. Watson, 24 I…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rinehart v. State, 114 So. 2d 487 (Fla. 2d DCA 1959)
- Christian v. State, 176 So. 2d 561 (Fla. 3d DCA 1965)
- Diaz v. State, 82 So. 2d 135 (Fla. 1955)