HOWARD HARRISON WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1970-11-17
No. N-185
CARROLL, DONALD K., Acting C. J., and WIGGINTON and SPECTOR, JJ., concur.
240 So. 2d 850 Florida District Court of Appeal, First District (1970)


Opinion of the Court
PER CURIAM.

PER CURIAM.

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.


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