Florida District Courts of Appeal, 1978

State v. Sudol

Florida District Courts of Appeal · Decided April 18, 1978 · Dauksch, Letts, Moore

357 So. 2d 761; 1978 Fla. App. LEXIS 15406 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Cleveland v. State (Fla. Dist. Ct. App. 1981)
State v. Drumwright (Fla. Dist. Ct. App. 1979)
Atlantic Plaza Partnership v. Daytona Sands, Inc. (Fla. Dist. Ct. App. 1978)
State v. Montigney (Fla. Dist. Ct. App. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAUKSCH, Judge.

There was a potential conflict between decisions in our court in regard to the classification of the crime of attempted burglary. This potential conflict was properly resolved in Gray v. State, 356 So.2d 848 (Fla. 4 DCA Case No. 77-221 Opinion filed March 14, 1978). Attempted burglary is a third degree felony notwithstanding the dicta in Bownes v. State, 345 So.2d 787 (Fla. 4 DCA 1977), and the Opin.Atty,Gen. 077-4 (1977).

Therefore, the circuit court order finding it was without jurisdiction to try the appel-lee for the crime of attempted burglary was error and we must reverse and remand for trial.

REVERSED and REMANDED.

MOORE and LETTS, JJ., concur.

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