2. It is a crime in most states to "possess burglary tools." What does "possession" require the state to prove?
Do the tools have to be used in a burglary? Does the defendant in possession have to be convicted of
burglary to be convicted of the possession charge? In State v. Platt, 154 So.3d 1200 (Fla. App. 2015) the
defendant was convicted under the Florida burglary tools statute, 810.06 Fla Stat. The jury did not find
the defendant guilty of burglary, but did find him guilty of the possession charge. After the verdict.the
trial judge granted the defendant's motion for acquital on the possession charge and the state appealed
Was the trial judge correct to overrule the jury verdict on the possession charge? Why or why not? INote
that the case was remanded to the trial court. When you study the defense of double jeopardy in Chapter
2. determine why the remand in Platt wasn't a case of double jeopardy.