KENNETH PETTIGREW, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Roberts v. State, 320 So. 2d 832 (Fla. 2d DCA 1975)
  …ering with the same intent. Beginning with Skov v. State, Fla.App.2d, 1974, 292 So. 2d 64, and followed in O’Neal v. State, Fla.App.2d, 1975, 308 So. 2d 569, we held that such a conviction cannot stand. See also Pettigrew v. State, Fla.App.2d, 1975, 316 So. 2d 69. We now find it necessary to revisit these decisions. The accusatory pleading in the case sub judice charged appellant with breaking [*833] and entering with intent to commit a misdemeanor, to wit: petit larceny. The jury returned a verdict of ente…
• Hightower v. State, 324 So. 2d 163 (Fla. 4th DCA 1975)
  …PER CURIAM. Appellant, charged with breaking and entering a building with intent to commit a misdemeanor, was convicted of entering without breaking a building with intent to commit a misdemeanor. Relying upon Pettigrew v. State, 316 So. 2d 69 (2nd DCA Fla.1975); O’Neal v. State, 308 So. 2d 569 (2nd DCA Fla.1975), and Skov v. State, 292 So. 2d 64 (2nd DCA Fla.1974), he contends that this is fundamental error. The cited cases have been expressly overruled. See Roberts v. State, 320 So. 2d…
• Pettigrew v. State, 325 So. 2d 465 (Fla. 2d DCA 1976)
  …n if the Supreme Court relinquished jurisdiction to this court. The Supreme Court has now entered an order temporarily relinquishing jurisdiction to this court. In view of our holding in Roberts, our opinion in the instant case is. hereby withdrawn, 316 So. 2d 69, all three judgments entered below are affirmed, and the mandate in Case No. 74-412 shall be amended accordingly. McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.…

Authorities Cited

• O'Neal v. State, 308 So. 2d 569 (Fla. 2d DCA 1975)
• Skov v. State, 292 So. 2d 64 (Fla. 2d DCA 1974)