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Toy Gun not a Burglary Tool
January 19, 2009
Topic: Criminal
In Fort Lauderdale two police officers stopped at what appeared to be a broken down car. The car in front of the police was reported stolen as they stopped. The police saw Thomas Osborne pulling things out of the car. Osborne had a screwdriver, pliers, and a toy gun when he was arrested. Osborne told police the toy gun was for protection.
Osborne was charged with grand theft and possession of a burglary tool. The state has to show Osborne planned to use the tool to steal the car (commit the grand theft) to prove possession of a burglary tool. The state has to show more than Osborne just had a tool. The tool the state claimed Osborne used to steal the car was a screwdriver. The state never said the toy gun was used in the burglary.
During Osborne's trial the state said the toy gun was the burglary tool. However the use of the toy gun to convict Osborne was wrong. Because the toy gun was used to trick the jury into thinking Osborne was guilty.
The full text of the case decided by the Third District Court of Appeal can be found here.
