Copeland v. State

District Court of Appeal of Florida

Copeland v. State

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

CourtDistrict Court of Appeal of Florida

DecidedMarch 29, 1973

DocketNo. T-27

StatusPublished

Cited by1 cases

This text of 275 So. 2d 258 (Copeland 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

Copeland v. State, 275 So. 2d 258, 1973 Fla. App. LEXIS 7031 (Fla. Ct. App. 1973).

Pincite

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 [259]*259misdemeanor 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.

Free access — add to your briefcase to read the full text and ask questions with AI