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State v. Thompson

District Court of Appeal of Florida, Fourth District
May 16, 1978
358 So. 2d 864 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1836.

May 16, 1978.

Appeal from the Orange County Circuit Court, Peter M. deManio, J.

Robert L. Shevin, Atty. Gen. and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Jerry L. Schwarz, Asst. Public Defender, West Palm Beach, for appellee.


The trial court transferred this cause to the county court on the assumption that attempted burglary was a misdemeanor. This court has recently ruled that attempted burglary was a felony of the third degree in Gray v. State, 356 So.2d 848 (Fla. 4th DCA, opinion filed March 14, 1978). Accordingly, the order of transfer is hereby reversed with directions for further proceedings consistent with this opinion.

ANSTEAD, LETTS and MOORE, JJ., concur.


Summaries of

State v. Thompson

District Court of Appeal of Florida, Fourth District
May 16, 1978
358 So. 2d 864 (Fla. Dist. Ct. App. 1978)
Case details for

State v. Thompson

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. REGINALD THOMPSON, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 16, 1978

Citations

358 So. 2d 864 (Fla. Dist. Ct. App. 1978)

Citing Cases

State v. Montigney

Attempted burglary is a third degree felony, not a first degree misdemeanor. Gray v. State, 356 So.2d 848…