MANUEL ANGEL ESTEVEZ

v.

STATE

Citator

Cited By

• Jones v. State, 608 So. 2d 797 (Fla. 1992)
  …s 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.Stat. (1989); Estevez v. State, 189 So. 2d 830 (Fla. 2d DCA 1966), cert. dismissed, 200 So. 2d 807 (Fla. 1967); see Fla.Std.Jury Instr. (Crim.) at 138. Each of these crimes requires proof of a statutory element that the other does not. Therefore, section 775.021(b) appears to dictate that Jones could be convicted of both crimes. See Borges v. Sta…
• Jones v. State, 588 So. 2d 644 (Fla. 2d DCA 1991)
  …(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.2 Estevez v. State, 189 So. 2d 830 (Fla. 2d DCA 1966), cert, dismissed, 200 So. 2d 807 (Fla.1967); see also Fla.Std.Jury Instr. (Crim.), at 138, (Possession of Burglary Tools). Each offense, therefore, has an element which the other does not. Thus, attempted burglary and possession of burglary tools are separate offenses for which Jon…

Authorities Cited

• Estevez v. State, 189 So. 2d 830 (Fla. 2d DCA 1966)