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242 So. 2d 726

Byrd v. State

District Court of Appeal of Florida

Decided January 12, 1971

District Court of Appeal of Florida · decided 1971-01-12

Cited by 1 later decisions — most recently December 1971

1 state decisions

Relies on Spina v. State · 216 So. 2d 47 - Edwards v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1971-01-12

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PER CURIAM.

¶1By this appeal, the defendant seeks review of his conviction of breaking and en*727try of a truck with intent to commit grand larceny. He was also convicted of petit larceny.

¶2We 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.

¶3As 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.

¶4Therefore, finding no error in the conviction on the felony count, said judgment and sentence thereon is hereby affirmed.

¶5Affirmed.

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