O'Conner v. State

Full title: RAYMOND ROBERT O'CONNER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 29, 1970

236 So. 2d 21 (Fla. Dist. Ct. App. 1970)

Opinion

No. 70-15.

May 29, 1970.

Appeal from Court of Record, Broward County; Nels R. Pearson, Judge.

Leonard L. Stafford, Public Defender, and Michael H. Gora, Asst. Public Defender, Fort Lauderdale, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and James M. Adams, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed on the authority of State v. Fitz, Fla. 1967, 202 So.2d 841 and Edge v. State, Fla.App. 1964, 170 So.2d 596.

WALDEN and OWEN, JJ., concur.

McCAIN, J., dissents, with opinion.

McCAIN, Judge (dissenting).

Defendant appeals his judgment and sentence of attempted breaking and entering with intent to commit a misdemeanor, to wit: petit larceny. Said offense being a misdemeanor, I would transfer this cause to the Circuit Court for Broward County. See my dissent in Brown v. State, Fla.App. 1970, 232 So.2d 55.