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386 So. 2d 631

Docket No. 79-867.

Williams v. State

Reginald James WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 13, 1980.

District Court of Appeal of Florida · decided 1980-08-13

Relies on 368 So. 2d 908 - McQuay v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-08-13

How this case has been cited

Cited by 210 later decisions — most recently December 2009 · most notably 403 So. 2d 956 - Ray v. State (1981), 410 So. 2d 501 - Whitten v. Progressive Cas. Ins. Co. (1982)

3 federal appellate · 202 state decisions

1300198019902000decided

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.

View the full empirical analysis of this case →

¶1*632 Jack O. Johnson, Public Defender, Bartow, and Judith L. James, Asst. Public Defender, Tampa, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and G.P. Waldbart, Asst. Atty. Gen., Tampa, for appellee.

¶3OTT, Judge.

¶4Appellant was convicted of attempted burglary in the course of which he committed an assault or was armed with a dangerous weapon, involuntary sexual battery, and resisting arrest with violence. He challenges his sentence of fifteen years for the attempted burglary and urges that the maximum sentence for this offense is five years. We agree.

¶5An attempt to commit a burglary of any degree constitutes a third-degree felony punishable by a term of imprisonment not exceeding five years. §§ 777.04(4)(c), 810.02(2) and 775.082(3)(d), Fla. Stat. (1979); McQuay v. State,368 So.2d 908 (Fla. 1st DCA 1979).

¶6Accordingly, appellant's sentence for attempted burglary is reduced to five years. Appellant's convictions and sentences are otherwise affirmed.

¶7HOBSON, Acting C.J., and DANAHY, J., concur.

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