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Byrd v. State

District Court of Appeal of Florida, Third District
Jan 12, 1971
242 So. 2d 726 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-555.

January 12, 1971.

Appeal from the Criminal Court of Record for Dade County, Murray Goodman, J.

Phillip Hubbart, Public Defender, and Robert Buchard, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Bruce Scheiner, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and SWANN, JJ.


By this appeal, the defendant seeks review of his conviction of breaking and entry of a truck with intent to commit grand larceny. He was also convicted of petit larceny.

We affirm the breaking and entry conviction. The proof was sufficient to establish a breaking and entry of the vehicle owned by the entity alleged in the information, and we do not find any merit in the contention that the larceny occurred of property owned by another. Edwards v. State, Fla.App. 1968, 216 So.2d 47; § 810.05, Fla. Stat., F.S.A.

As to the misdemeanor conviction, pursuant to § 6(3), Article V, Constitution of the State of Florida, F.S.A. review of this conviction must be held in the circuit court. This cause will be transferred to the circuit court by separate order. Spina v. State, Fla.App. 1966, 186 So.2d 808.

Therefore, finding no error in the conviction on the felony count, said judgment and sentence thereon is hereby affirmed.

Affirmed.


Summaries of

Byrd v. State

District Court of Appeal of Florida, Third District
Jan 12, 1971
242 So. 2d 726 (Fla. Dist. Ct. App. 1971)
Case details for

Byrd v. State

Case Details

Full title:JASON BYRD, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 12, 1971

Citations

242 So. 2d 726 (Fla. Dist. Ct. App. 1971)

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