Florida District Courts of Appeal, 1989

Howard v. State

Howard v. State
Florida District Courts of Appeal · Decided February 28, 1989 · Ferris, Jorgenson, Ret, Schwartz
538 So. 2d 980; 1989 Fla. App. LEXIS 931 (Southern Reporter, Second Series)

Howard v. State

Opinion of the Court

PER CURIAM.

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

SCHWARTZ, Chief Judge

(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.

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