EDGE v. STATE

No. 5171.

170 So.2d 596 (1964)

John Thomas EDGE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

On Rehearing January 6, 1965.


Attorney(s) appearing for the Case

W.D. Frederick, Jr., Public Defender and Joseph X. DuMond, Asst. Public Defender, Orlando, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.


PER CURIAM.

The defendant appeals from a summary denial of his motion to vacate judgment and sentence. Only one of appellant's contentions has merit. That is whether the trial court imposed a sentence in excess of that authorized by law.

A sentence of five years was imposed for Attempted Breaking and Entering with Intent to Commit a Misdemeanor. Fla. Stat., Sec. 810.05, F.S.A., provides:

"Whoever breaks and enters or enters without breaking any dwelling...

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