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.