STATE OF FLORIDA, APPELLANT,
v.
REGINALD THOMPSON, APPELLEE
STATE OF FLORIDA, APPELLANT,
REGINALD THOMPSON, APPELLEE
358 So. 2d 864
Florida District Court of Appeal, Fourth District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court transferred this cause to the county court on the assumption that attempted burglary was a misdemeanor. This court has recently ruled that attempted burglary was a felony of the third degree in Gray v. State, 356 So. 2d 848 (Fla. 4th DCA, opinion filed March 14, 1978). Accordingly, the order of transfer is hereby reversed with directions for further proceedings consistent with this opinion.
ANSTEAD, LETTS and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Montigney, 364 So. 2d 545 (Fla. 4th DCA 1978)…te appeals the granting of the motion to dismiss. Attempted burglary is a third degree felony, not a first degree misdemeanor. Gray v. State, 356 So. 2d 848 (Fla. 4th DCA 1978); State v. Sudol, 357 So. 2d 761 (Fla. 4th DCA 1978); State v. Thompson, 358 So. 2d 864 (Fla. 4th DCA 1978). The trial court therefore erred in dismissing the warrant alleging violation of probation on the grounds that attempted burglary of a conveyance was a first degree misdemean- [*546] or. This cause is therefore reversed and reman…
Authorities Cited
- Toole v. Delaine S. Toole, 356 So. 2d 848 (Fla. 4th DCA 1978)