Florida District Courts of Appeal, 1976

Long v. State

Long v. State
Florida District Courts of Appeal · Decided October 15, 1976 · Alderman, Cross, Downey
338 So. 2d 253; 1976 Fla. App. LEXIS 15618 (Southern Reporter, Second Series)

Long v. State

Opinion of the Court

PER CURIAM.

Appellant was found guilty of breaking and entering with intent to commit a felony. The only issue presented by this appeal is whether the State presented sufficient evidence to establish appellant’s intent to commit a felony. From our review of the record we conclude that it did not. Beasley v. State, 305 So.2d 285 (Fla. 3d DCA 1974).

Appellant’s conviction is reversed and . this cause is remanded with directions to enter a judgment of conviction for breaking and entering with intent to commit a misdemeanor and to re-sentence petitioner accordingly. White v. State, 274 So.2d 6 (Fla. 4th DCA 1973).

REVERSED AND REMANDED.

DOWNEY and ALDERMAN, JJ., concur. CROSS, J., dissents, without opinion.

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