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338 So. 2d 253

Long v. State

District Court of Appeal of Florida

Decided October 15, 1976

District Court of Appeal of Florida · decided 1976-10-15

Relies on Beasley v. State · 274 So. 2d 6 - White v. State

Decided 1976-10-15

PER CURIAM.

¶1Appellant was found guilty of breaking and entering with intent to commit a felony. The only issue presented by this appeal is whether the State presented sufficient evidence to establish appellant’s intent to commit a felony. From our review of the record we conclude that it did not. Beasley v. State, 305 So.2d 285 (Fla. 3d DCA 1974).

¶2Appellant’s conviction is reversed and . this cause is remanded with directions to enter a judgment of conviction for breaking and entering with intent to commit a misdemeanor and to re-sentence petitioner accordingly. White v. State, 274 So.2d 6 (Fla. 4th DCA 1973).

¶3REVERSED AND REMANDED.

DOWNEY and ALDERMAN, JJ., concur.CROSS, J., dissents, without opinion.
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