CHARLES J. COPELAND, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the petitioner was properly convicted of a felony for breaking and entering with the intent to commit a misdemeanor.
Petitioner sought a writ of habeas corpus, alleging he was convicted of breaking and entering with intent to commit a misdemeanor but sentenced as if …
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Petitioner, in this original action, seeks a writ of habeas corpus wherein he alleges that he was “. . . convicted for breaking and entering with intent to commit a misdemeanor”, and then reasons “. . . I was convicted of a specific misdemeanor . . . . Now if the offense is breaking and entering with intent to commit a misdemeanor, why was I sentenced for committing a felony.”
The answer to Petitioner’s query is found in Section 810.05, Florida Statutes, F.S.A., entitled “Breaking and entering with intent to commit a misdemeanor”, which provides:
“. . . Whoever breaks and enters . . . [enumerates various properties and chattels] with intent to commit a *259misdemeanor shall be guilty of a felony of the third degree, punishable as provided in § 775.082, . . . . ” .[Emphasis Supplied]
Subsection 775.082(2) (c), Florida Statutes, F.S.A., provides a penalty not exceeding 5 years for a felony of the third degree. Petitioner alleges he was sentenced to a five-year term.
The Petition for Writ of Habeas Corpus is without merit and is denied.
SPECTOR, C. J., and JOHNSON and RAWLS, JJ., concur.
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Simmons v. State, 354 So. 2d 1211 (Fla. 1978)…h, argue this point. Concerning appellant’s question as to whether or not burglary is a crime, counsel would point out that this court has previously held that breaking and entering with intent to commit a misdemeanor is a felony. Copeland v. State, 275 So. 2d 258 (Fla. 1st DCA 1973). After careful review of the record, we find that appellant’s allegations fail to constitute a substantial constitutional question. See Riddle v. State, 345 So. 2d 1073 (Fla.1977). Accordingly, the appeal is transferred to the…