Green v. State, No. 79183

CourtUnited States State Supreme Court of Florida
Writing for the CourtMcDONALD; BARKETT
Citation604 So.2d 471
Docket NumberNo. 79183
Decision Date27 August 1992
Parties17 Fla. L. Weekly S567 Anthony E. GREEN, Petitioner, v. STATE of Florida, Respondent.

Page 471

604 So.2d 471
17 Fla. L. Weekly S567
Anthony E. GREEN, Petitioner,
v.
STATE of Florida, Respondent.
No. 79183.
Supreme Court of Florida.
Aug. 27, 1992.

Page 472

Nancy A. Daniels, Public Defender and Lynn A. Williams, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Crim. Appeals, Asst. Atty. Gen. and Laura Rush, Asst. Atty. Gen., Tallahassee, for respondent.

McDONALD, Justice.

Anthony Green petitions this Court to review Green v. State, 591 So.2d 965, 967 (Fla. 1st DCA1991), in which the district court certified the following question as being of great public importance:

Are items of personal apparel, such as common gloves, included under the terms "tool, machine, or implement" as used in section 810.06, Florida Statutes?

We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We answer the certified question in the negative and quash the decision below.

On January 24, 1990, the victim of a burglary telephoned for emergency assistance after she heard a noise and saw a human shadow on the porch adjacent to her bedroom. The officers who responded to the victim's call saw Green running on the street near the victim's home and apprehended him after a brief chase. At trial, one of the officers testified that the temperature was between the fifties and sixties at the time of the arrest and that Green was wearing a jump suit and garden gloves.

Green was charged with burglary 1 and with possession of burglary tools, 2 based on his possession of gloves when apprehended. The jury found Green guilty of both offenses. On appeal, the district court affirmed his conviction and sentences and certified the question.

Section 810.06, Florida Statutes (1989), provides in pertinent part: "Whoever has in his possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony." Although the state concedes that gloves do not fall within the commonly accepted meaning of "machine," it argues

Page 473

that the plain meanings of "tool" and "implement" include personal apparel such as gloves. We disagree.

Common household objects, which generally might have a useful and lawful purpose, may be classified as burglary tools if they are used with the intent to commit a burglary. Thomas v. State, 531 So.2d 708 (Fla.1988). For example, this Court has upheld convictions for possession of bolt cutters 3 and screwdrivers 4 as burglary tools. We recognize the potential for gloves to be used in conjunction with tools in the process of committing a burglary. 5 While gloves can provide a means for burglars to avoid leaving fingerprints, they and...

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114 practice notes
  • Westerheide v. State, No. 5D99-785.
    • United States
    • Court of Appeal of Florida (US)
    • September 29, 2000
    ...necessary, the plain and ordinary meaning of the word can be ascertained by reference to a dictionary.'") (quoting Green v. State, 604 So.2d 471, 473 (Fla.1992)); L.B., 700 So.2d at 372 (citing Gardner v. Johnson, 451 So.2d 477, 478 The appellant primarily complains that the term "......
  • Reform Party of Florida v. Black, No. SC04-1755
    • United States
    • United States State Supreme Court of Florida
    • September 17, 2004
    ...ordinary meaning, unless words are defined in the statute or by the clear intent of the legislature." Id. (citing Green v. State, 604 So.2d 471, 473 (Fla.1992)). "When necessary, the plain and ordinary meaning of words can be ascertained by reference to a dictionary." Id. (ci......
  • State v. Kliphouse, No. 4D99-1608.
    • United States
    • Court of Appeal of Florida (US)
    • September 27, 2000
    ...unless the words are defined differently in the statute or another meaning has been made apparent by the legislature. Green v. State, 604 So.2d 471 (Fla.1992). Legislative intent is determined primarily from the language of the statute. St. Petersburg Bank & Trust v. Hamm, 414 So.2d 107......
  • Delgado v. J.W. Courtesy Pontiac GMC-Truck, Inc., GMC-TRUC
    • United States
    • Court of Appeal of Florida (US)
    • March 21, 1997
    ...and is to "be liberally construed" "to promote" these "policies." § 686.401(2). 6 See Green v. State, 604 So.2d 471, 473 (Fla.1992) (using Merriam Webster's Third New International Dictionary (1986) to define a statutorily undefined 7 The Florida Supreme Court ......
  • Request a trial to view additional results
114 cases
  • Westerheide v. State, No. 5D99-785.
    • United States
    • Court of Appeal of Florida (US)
    • September 29, 2000
    ...necessary, the plain and ordinary meaning of the word can be ascertained by reference to a dictionary.'") (quoting Green v. State, 604 So.2d 471, 473 (Fla.1992)); L.B., 700 So.2d at 372 (citing Gardner v. Johnson, 451 So.2d 477, 478 The appellant primarily complains that the term "......
  • Reform Party of Florida v. Black, No. SC04-1755
    • United States
    • United States State Supreme Court of Florida
    • September 17, 2004
    ...ordinary meaning, unless words are defined in the statute or by the clear intent of the legislature." Id. (citing Green v. State, 604 So.2d 471, 473 (Fla.1992)). "When necessary, the plain and ordinary meaning of words can be ascertained by reference to a dictionary." Id. (ci......
  • State v. Kliphouse, No. 4D99-1608.
    • United States
    • Court of Appeal of Florida (US)
    • September 27, 2000
    ...unless the words are defined differently in the statute or another meaning has been made apparent by the legislature. Green v. State, 604 So.2d 471 (Fla.1992). Legislative intent is determined primarily from the language of the statute. St. Petersburg Bank & Trust v. Hamm, 414 So.2d 107......
  • Delgado v. J.W. Courtesy Pontiac GMC-Truck, Inc., GMC-TRUC
    • United States
    • Court of Appeal of Florida (US)
    • March 21, 1997
    ...and is to "be liberally construed" "to promote" these "policies." § 686.401(2). 6 See Green v. State, 604 So.2d 471, 473 (Fla.1992) (using Merriam Webster's Third New International Dictionary (1986) to define a statutorily undefined 7 The Florida Supreme Court ......
  • Request a trial to view additional results

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