GARCIA v. STATE

No. 2766.

142 So.2d 318 (1962)

Richard GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

June 20, 1962.


Attorney(s) appearing for the Case

R.J. Randolph of Randolph & Houk, Stuart, for appellant.

Richard W. Ervin, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.


ALLEN, Acting Chief Judge.

Richard Garcia was convicted of the crime of breaking and entering an automobile with the intent to commit petit larceny and was sentenced to serve from six months to three years in the state prison.

The main contention of the appellant Garcia is that the evidence was insufficient to convict the defendant of the charge of breaking and entering with intent to commit a misdemeanor.

It is strongly urged that the State failed...

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