State v. Sudol

District Court of Appeal of Florida

Decided April 18, 1978

District Court of Appeal of Florida · decided 1978-04-18

Relies on 345 So. 2d 787 - Bownes v. State · Toole v. Toole

Good law ✅— No negative treatment on recordhow we know

Decided 1978-04-18

How this case has been cited

Cited by 11 later decisions — most recently May 1990

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DAUKSCH, Judge.

¶1There was a potential conflict between decisions in our court in regard to the classification of the crime of attempted burglary. This potential conflict was properly resolved in Gray v. State, 356 So.2d 848 (Fla. 4 DCA Case No. 77-221 Opinion filed March 14, 1978). Attempted burglary is a third degree felony notwithstanding the dicta in Bownes v. State, 345 So.2d 787 (Fla. 4 DCA 1977), and the Opin.Atty,Gen. 077-4 (1977).

¶2Therefore, the circuit court order finding it was without jurisdiction to try the appel-lee for the crime of attempted burglary was error and we must reverse and remand for trial.

¶3REVERSED and REMANDED.

MOORE and LETTS, JJ., concur.