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White v. State

District Court of Appeal of Florida, First District
Nov 17, 1970
240 So. 2d 850 (Fla. Dist. Ct. App. 1970)

Opinion

No. N-185.

November 17, 1970.

Appeal from the Circuit Court for St. Johns County, Horace D. Riegle, J.

Paul L. Martz, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


Appellant was charged with the crime of breaking and entering with intent to commit a felony, grand larceny. Subsequently he entered a guilty plea to the lesser included offense of breaking and entering with intent to commit a misdemeanor and was sentenced to a five-year term of imprisonment.

Thereafter appellant filed a motion to set aside his conviction and sentence entered upon the guilty plea on the grounds that the lesser charge to which he pled guilty was not a felony. The said motion was denied by the trial court and the order of denial is before us for review. There is no merit to appellant's contention. Brown v. State, 232 So.2d 55 (Fla.App. 1970), affirmed 237 So.2d 129 (Fla. 1970).

Affirmed.

CARROLL, DONALD K., Acting C.J., and WIGGINTON and SPECTOR, JJ., concur.


Summaries of

White v. State

District Court of Appeal of Florida, First District
Nov 17, 1970
240 So. 2d 850 (Fla. Dist. Ct. App. 1970)
Case details for

White v. State

Case Details

Full title:HOWARD HARRISON WHITE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 17, 1970

Citations

240 So. 2d 850 (Fla. Dist. Ct. App. 1970)