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Florida District Courts of Appeal, 1970

McDade v. State

McDade v. State
Florida District Courts of Appeal · Decided March 30, 1970 · McCain, Reed, Walden
233 So. 2d 158; 1970 Fla. App. LEXIS 6627 (Southern Reporter, Second Series)

McDade v. State

Opinion of the Court

PER CURIAM.

Affirmed. See State ex rel. Roberts v. Cochran, Fla.1962, 140 So.2d 597.

WALDEN and REED, JJ., concur. McCAIN, J., dissents, with opinion.

Dissenting Opinion

McCAIN, Judge

(dissenting).

Defendant appeals an order revoking probation and sentencing him to three years imprisonment. The original offense giving rise to the probation being a misde*159meanor, i. e., breaking and entering with intent to commit a misdemeanor, to wit: petit larceny, I would transfer this appeal to the Circuit Court for Broward County, Florida. See my dissent in Brown v. State, 232 So.2d 55, Fourth District Court of Appeal, opinion filed February 12, 1970.

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