¶1Entering without breaking with intent to commit a misdemeanor is not a lesser included offense to breaking and entering with the same intent. Skov v. State, Fla.App.2d, 1974, 292 So.2d 64. See also O’Neal v. State, Fla.App.2d, 1975, 308 So.2d 569. Therefore, appellant’s conviction of entering without breaking on an information charging breaking and entering must be reversed (Case No. 74-412). Appellant’s convictions in Case Nos. 74- and 74-413 are affirmed.
316 So. 2d 69
Pettigrew v. State
District Court of Appeal of Florida
Decided June 18, 1975
District Court of Appeal of Florida · decided 1975-06-18
Cited by 3 later decisions — most recently January 1976
3 state decisions
Relies on 308 So. 2d 569 - O'NEAL v. State · 292 So. 2d 64 - Skov v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1975-06-18
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