Butler v. State

District Court of Appeal of Florida

Butler v. State

513 So. 2d 780, 12 Fla. L. Weekly 2391, 1987 Fla. App. LEXIS 10575

CourtDistrict Court of Appeal of Florida

DecidedOctober 12, 1987

DocketNo. BQ-374

StatusPublished

Cited by1 cases

This text of 513 So. 2d 780 (Butler v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. State, 513 So. 2d 780, 12 Fla. L. Weekly 2391, 1987 Fla. App. LEXIS 10575 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Appellant’s judgment and sentence for count 10 in circuit court case number 86-40 erroneously reflect that appellant’s attempted burglary of a dwelling conviction is a second degree felony. Attempted burglary of a dwelling is a third degree felony punishable by a term of imprisonment not exceeding five years. §§ 775.082(3)(d), 777.04(4)(c) and 810.02(3), Fla.Stat. The circuit court clearly expressed its intent to impose a sentence of five years incarceration on appellant’s third degree convictions. Accordingly, the sentence on count 10 is hereby reduced to five years incarceration. In all other respects the judgments and sentences appealed are AFFIRMED.

SHIVERS, THOMPSON and ZEHMER, JJ., concur.

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PER CURIAM.

Appellant’s judgment and sentence for count 10 in circuit court case number 86-40 erroneously reflect that appellant’s attempted burglary of a dwelling conviction is a second degree felony. Attempted burglary of a dwelling is a third degree felony punishable by a term of imprisonment not exceeding five years. §§ 775.082(3)(d), 777.04(4)(c) and 810.02(3), Fla.Stat. The circuit court clearly expressed its intent to impose a sentence of five years incarceration on appellant’s third degree convictions. Accordingly, the sentence on count 10 is hereby reduced to five years incarceration. In all other respects the judgments and sentences appealed are AFFIRMED.

SHIVERS, THOMPSON and ZEHMER, JJ., concur.

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Bluebook (online)

513 So. 2d 780, 12 Fla. L. Weekly 2391, 1987 Fla. App. LEXIS 10575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-state-fladistctapp-1987.

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