Long v. State

District Court of Appeal of Florida

Long v. State

338 So. 2d 253, 1976 Fla. App. LEXIS 15618

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1976

DocketNo. 75-786

StatusPublished

This text of 338 So. 2d 253 (Long 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.

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Long v. State, 338 So. 2d 253, 1976 Fla. App. LEXIS 15618 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

Appellant was found guilty of breaking and entering with intent to commit a felony. The only issue presented by this appeal is whether the State presented sufficient evidence to establish appellant’s intent to commit a felony. From our review of the record we conclude that it did not. Beasley v. State, 305 So.2d 285 (Fla. 3d DCA 1974).

Appellant’s conviction is reversed and . this cause is remanded with directions to enter a judgment of conviction for breaking and entering with intent to commit a misdemeanor and to re-sentence petitioner accordingly. White v. State, 274 So.2d 6 (Fla. 4th DCA 1973).

REVERSED AND REMANDED.

DOWNEY and ALDERMAN, JJ., concur. CROSS, J., dissents, without opinion.

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