JASON BYRD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1971-01-12
No. 70-555
Before BARKDULL, HENDRY and SWANN, JJ.
242 So. 2d 726 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

By this appeal, the defendant seeks review of his conviction of breaking and en*727try of a truck with intent to commit grand larceny. He was also convicted of petit larceny.

We affirm the breaking and entry conviction. The proof was sufficient to establish a breaking and entry of the vehicle owned by the entity alleged in the information, and we do not find any merit in the contention that the larceny occurred of property owned by another. Edwards v. State, Fla.App.1968, 216 So.2d 47; § 810.-05, Fla.Stat., F.S.A.

As to the misdemeanor conviction, pursuant to § 6(3), Article V, Constitution of the State of Florida, F.S.A. review of this conviction must be held in the circuit court. This cause will be transferred to the circuit court by separate order. Spina v. State, Fla.App.1966,186 So.2d 808.

Therefore, finding no error in the conviction on the felony count, said judgment and sentence thereon is hereby affirmed.

Affirmed.


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Citator

Cited By

  • Robinson v. State, 256 So. 2d 29 (Fla. 3d DCA 1971)
    …Eleventh Judicial Circuit in and for Dade County, Florida, to consider the appeal from the misdemeanor conviction pursuant to Spina v. State, Fla.App.1966, 186 So. 2d 808; Newbold v. State, Fla.App.1969, 229 So. 2d 876; Byrd v. State, Fla.App.1971, 242 So. 2d 726.…

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