A middle school teacher observed Calliar using wire cutters or a screw driver to attempt cutting the chain tying a bicycle to a rack. The rack was accessible through an open gate. Calliar was tried and convicted of several offenses, including possession of burglary tools. Under Florida law, this crime consists of possessing tools with the intent to use them to commit a burglary or trespass. The First District upheld the conviction, though a dissenting judge argued that Calliar could not be convicted of possessing burglary tools because he only intended to commit a theft, not a burglary or trespass.