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STATE v. FITZ

No. 36230.

202 So.2d 841 (1967)

STATE of Florida, Petitioner, v. Henry FITZ, Respondent.

Supreme Court of Florida.

October 4, 1967.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for petitioner.

John D. Buchanan, Jr., Asst. Public Defender, for respondent.

DREW, Justice.

By conflict certiorari petitioner seeks review of a decision of the District Court of Appeal,1 First District, reversing in part a two-year sentence for the offense of attempt to violate Sec. 810.05, which provides a penalty of imprisonment "not exceeding five years" for breaking and entering with intent to commit a misdemeanor.

The applicable statute, F.S. Sec. 776.04, F.S.A., authorizes graduated sentences...

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