Florida District Courts of Appeal, 1975

Hightower v. State

Hightower v. State
Florida District Courts of Appeal · Decided December 19, 1975 · Downey, Mager, Owen
324 So. 2d 163; 1975 Fla. App. LEXIS 19040 (Southern Reporter, Second Series)

Hightower v. State

Opinion of the Court

PER CURIAM.

Appellant, charged with breaking and entering a building with intent to commit a misdemeanor, was convicted of entering without breaking a building with intent to commit a misdemeanor. Relying upon Pettigrew v. State, 316 So.2d 69 (2nd DCA Fla. 1975); O’Neal v. State, 308 So.2d 569 (2nd DCA Fla. 1975), and Skov v. State, 292 So.2d 64 (2nd DCA Fla. 1974), he contends that this is fundamental error. The cited cases have been expressly overruled. See Roberts v. State, 320 So.2d 832 (2nd DCA Fla. 1975).

Affirmed.

OWEN, MAGER and DOWNEY, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.