Howard v. State
Florida District Courts of Appeal
Howard v. State, 538 So. 2d 980 (1989)
1989 Fla. App. LEXIS 931
Ferris, Jorgenson, Ret, Schwartz
Howard v. State
Opinion of the Court
Affirmed on the authority of Jones v. State, 492 So.2d 1124 (Fla. 3d DCA 1986), review denied, 501 So.2d 1282 (Fla. 1986).
JORGENSON, J. and JOHN G. FERRIS, (Retired) Associate Judge, concur.
Concurring Opinion
(specially concurring).
I agree that Jones v. State is squarely on point, that this panel is bound by it, and that it compels affirmance. Were I free to do so, however, I would follow Judge Hub-bart’s dissenting opinion in Jones which, with respect, I believe represents the better reasoned view by far. I would therefore and wish we could reverse the conviction below for attempted burglary with directions to retry the defendant on the charge of trespass alone.
Reference
- Full Case Name
- Larry Charles HOWARD v. The STATE of Florida
- Cited By
- 2 cases
- Status
- Published