STATE OF FLORIDA, APPELLANT,
v.
STEPHEN JOSEPH SUDOL, APPELLEE
DAUKSCH, Judge.
There was a potential conflict between decisions in our court in regard to the classification of the crime of attempted burglary. This potential conflict was properly resolved in Gray v. State, 356 So. 2d 848 (Fla. 4 DCA Case No. 77-221 Opinion filed March 14, 1978). Attempted burglary is a third degree felony notwithstanding the dicta in Bownes v. State, 345 So. 2d 787 (Fla. 4 DCA 1977), and the Opin.Atty,Gen. 077-4 (1977).
Therefore, the circuit court order finding it was without jurisdiction to try the appel-lee for the crime of attempted burglary was error and we must reverse and remand for trial.
REVERSED and REMANDED.
MOORE and LETTS, JJ., concur.
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Cleveland v. State, 394 So. 2d 230 (Fla. 5th DCA 1981)…t him. He then challenged the sentence as illegal pursuant to Florida Rule of Criminal Procedure 3.850. He was sentenced to ten years imprisonment for attempted armed burglary, a third-degree felony with a maximum term of five years. State v. Sudol, 357 So. 2d 761 (Fla. 4th DCA 1978). Therefore, the negotiated sentence is illegal. In accordance with our opinion in Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981), we vacate the plea, the judgment and sentence, and reinstate the dismissed counts; provided, h…
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- Bownes v. State, 345 So. 2d 787 (Fla. 4th DCA 1977)
- Toole v. Delaine S. Toole, 356 So. 2d 848 (Fla. 4th DCA 1978)