Opinion
No. 75-786.
October 15, 1976.
Appeal from Circuit Court, St. Lucie County; Wallace Sample, Judge.
Richard L. Jorandby, Public Defender, and Paul M. Herman, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellee.
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.