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324 So. 2d 163

Hightower v. State

District Court of Appeal of Florida

Decided December 19, 1975

District Court of Appeal of Florida · decided 1975-12-19

Relies on 308 So. 2d 569 - O'NEAL v. State · 320 So. 2d 832 - Roberts v. State · 292 So. 2d 64 - Skov v. State

Decided 1975-12-19

PER CURIAM.

¶1Appellant, 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 832 (2nd DCA Fla.1975).

¶2Affirmed.

OWEN, MAGER and DOWNEY, JJ., concur.
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