Opinion
No. 64-859.
July 6, 1965.
Appeal from the Criminal Court of Record for Dade County, Jack M. Turner, J.
Manners Amoon, Miami, and Aram P. Goshgarian, Miami Beach, for appellant.
Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.
Before TILLMAN PEARSON, BARKDULL and SWANN, JJ.
Donald Troise was convicted of the possession of burglarious tools (§ 810.06 Fla. Stat., F.S.A.) and sentenced to one year in the County Jail. On this appeal he raises only the question of the sufficiency of the evidence to support the conviction. He urges that his possession of the tools (in this instance a ring of keys designed to open many different kinds of coin machines) was not proved to be with the intent to use them for an unlawful purpose.
It is clear that the trial judge, as a finder of fact, correctly found that the possession of the keys at the time and place where appellant was apprehended and without reasonable explanation for his possession, coupled with appellant's attempt to surreptitiously dispose of the keys, was sufficient to prove an unlawful purpose. Diaz v. State, Fla. 1955, 82 So.2d 135; Rinehart v. State, Fla.App. 1959, 114 So.2d 487.
Appellant attempts to raise on this appeal a question as to his conviction on a separate charge of vagrancy. This Court has no jurisdiction to review a conviction and sentence for a misdemeanor. Constitution of the State of Florida, Article V, § 6(3), F.S.A. Under authority of Rule 2.1, subd. a(5) (d), Fla.App.Rules, 31 F.S.A., this appeal, insofar as it is concerned with the misdemeanor conviction, is transferred to the Circuit Court of Dade County by separate order. See Christian v. State, Fla.App. 1965, 176 So.2d 561 [Opinion filed June 22, 1965].
The judgment and sentence upon the felony charge is affirmed.
Affirmed.