REGINALD JAMES WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1980-08-13
No. 79-867
HOBSON, Acting C. J., and DANAHY, J., concur.
386 So. 2d 631 Florida District Court of Appeal, Second District (1980) Positive Treatment
Cited by 8 cases
Topics
Maximum Sentence Attempted Burglary Third Degree Felony

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Opinion of the Court
OTT, Judge.

OTT, Judge.

Appellant 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.

An 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).

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

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

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982)
    …to commit a burglary of any degree [including a first-degree burglary in the course of which an assault is committed and the defendant is armed, see Section 810.02, Florida Statutes (1979)] still constitutes a third-degree felony. Williams v. State, 386 So. 2d 631 (Fla. 2d DCA 1980). Accord Piantadosi v. State, 399 So. 2d 382 (Fla. 3d DCA 1981); McQuay v. State, 368 So. 2d 908 (Fla. 1st DCA 1979); State ex rel. Washington v. Rivkind, 350 So. 2d 575 (Fla. 3d DCA 1977); Massey v. State, 348 So. 2d 1244 (Fla. 1s…
  • Atkinson v. State, 457 So. 2d 1063 (Fla. 2d DCA 1984)
    …le by a term of imprisonment not exceeding five years. §§ 777.04(4)(e), 810.02(2), 775.-082(3)(d), Fla. Stat. (1981); Goree v. State, [*1064] 411 So. 2d 1352 (Fla. 3d DCA 1982); Crook v. State, 385 So. 2d 1136 (Fla. 1st DCA 1980); Williams v. State, 386 So. 2d 631 (Fla. 2d DCA 1980); McQuay v. State, 368 So. 2d 908 (Fla. 1st DCA 1979). Although section 777.04(4)(c), Florida Statutes (1983), was amended in 1983, said amendment did not go into effect until October 1, 1983. We must therefore vacate the sentence…
  • Waites v. State, 407 So. 2d 299 (Fla. 4th DCA 1981)
    …cordingly, we affirm the conviction but reverse the sentence and remand for resen-tencing. Section 777.04(4)(c), Florida Statutes (1979), indicates that an attempt to commit [*300] “any burglary” is a felony of the third degree. Williams v. State, 386 So. 2d 631 (Fla.2d DCA 1980); Crook v. State, 385 So. 2d 1136 (Fla. 1st DCA 1980); McQuay v. State, 368 So. 2d 908 (Fla. 1st DCA 1979); State v. Drumwright, 367 So. 2d 256 (Fla. 4th DCA 1979). Therefore, since Section 775.082(3)(d), Florida Statutes (1979), st…

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