RAYMOND ROBERT O'CONNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1970-05-29
No. 70-15
WALDEN and OWEN, JJ., concur., McCAIN, J., dissents, with opinion.
236 So. 2d 21 Florida District Court of Appeal, Fourth District (1970)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of State v. Fitz, Fla.1967, 202 So.2d 841 and Edge v. State, Fla.App.1964, 170 So.2d 596.

WALDEN and OWEN, JJ., concur.

McCAIN, J., dissents, with opinion.

McCAIN, Judge

(dissenting).

Defendant appeals his judgment and sentence of attempted breaking and entering with intent to commit a misdemeanor, to wit: petit larceny. Said offense being a misdemeanor, I would transfer this cause to the Circuit Court for Broward County. See my dissent in Brown v. State, Fla.App.1970, 232 So.2d 55.

Dissent
McCAIN, Judge

McCAIN, Judge

(dissenting).

Defendant appeals his judgment and sentence of attempted breaking and entering with intent to commit a misdemeanor, to wit: petit larceny. Said offense being a misdemeanor, I would transfer this cause to the Circuit Court for Broward County. See my dissent in Brown v. State, Fla.App.1970, 232 So. 2d 55.


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