Florida District Courts of Appeal, 1987

Butler v. State

Butler v. State
Florida District Courts of Appeal · Decided October 12, 1987 · Shivers, Thompson, Zehmer
513 So. 2d 780; 12 Fla. L. Weekly 2391; 1987 Fla. App. LEXIS 10575 (Southern Reporter, Second Series)

Butler v. State

Opinion of the Court

PER CURIAM.

Appellant’s judgment and sentence for count 10 in circuit court case number 86-40 erroneously reflect that appellant’s attempted burglary of a dwelling conviction is a second degree felony. Attempted burglary of a dwelling is a third degree felony punishable by a term of imprisonment not exceeding five years. §§ 775.082(3)(d), 777.04(4)(c) and 810.02(3), Fla.Stat. The circuit court clearly expressed its intent to impose a sentence of five years incarceration on appellant’s third degree convictions. Accordingly, the sentence on count 10 is hereby reduced to five years incarceration. In all other respects the judgments and sentences appealed are AFFIRMED.

SHIVERS, THOMPSON and ZEHMER, JJ., concur.

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