Pettigrew v. State

Full title: KENNETH PETTIGREW, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 31, 1975

316 So. 2d 69 (Fla. Dist. Ct. App. 1975)

Opinion

Nos. 74-411, 74-413.

June 18, 1975. Rehearing Denied July 31, 1975. Opinion Withdrawn 325 So.2d 465.

Appeal from the Circuit Court, Pinellas County, Robert E. Beach, J.

James A. Gardner, Public Defender, and E. Earl Taylor, Jr., Asst. Public Defender, Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Entering without breaking with intent to commit a misdemeanor is not a lesser included offense to breaking and entering with the same intent. Skov v. State, Fla. App.2d 1974, 292 So.2d 64. See also O'Neal v. State, Fla.App.2d 1975, 308 So.2d 569. Therefore, appellant's conviction of entering without breaking on an information charging breaking and entering must be reversed (Case No. 74-412). Appellant's convictions in Case Nos. 74-411 and 74-413 are affirmed.

McNULTY, C.J., and BOARDMAN and GRIMES, JJ., concur.