Copeland v. State

275 So. 2d 258, 1973 Fla. App. LEXIS 7031

Opinion

PER CURIAM.

Petitioner, in this original action, seeks a writ of habeas corpus wherein he alleges that he was “. . . convicted for breaking and entering with intent to commit a misdemeanor”, and then reasons “. . . I was convicted of a specific misdemeanor . . . . Now if the offense is breaking and entering with intent to commit a misdemeanor, why was I sentenced for committing a felony.”

The answer to Petitioner’s query is found in Section 810.05, Florida Statutes, F.S.A., entitled “Breaking and entering with intent to commit a misdemeanor”, which provides:

“. . . Whoever breaks and enters . . . [enumerates various properties and chattels] with intent to commit a misdemeanor shall be guilty of a felony of the third degree, punishable as provided in § 775.082, . . . . ” .[Emphasis Supplied]

Subsection 775.082(2) (c), Florida Statutes, F.S.A., provides a penalty not exceeding 5 years for a felony of the third degree. Petitioner alleges he was sentenced to a five-year term.

The Petition for Writ of Habeas Corpus is without merit and is denied.

SPECTOR, C. J., and JOHNSON and RAWLS, JJ., concur.