Is a Lug Nut Wrench Considered a Burglary Tool ?
Appellant has moved for clarification, pointing out that the appellant, in addition to having been convicted of burglary of a conveyance, was also convicted of possession of burglary tools.
The only tool in appellant's possession, however, was a lug nut wrench, which was used to remove the lug nuts.
Appellant argues, and we agree, that if it is not burglary to remove lug nuts, it follows that the lug nut wrench was not a burglary tool.
We (Florida court) therefore clarify that the reversal for judgment of acquittal is on both counts.