WHITE v. STATE

No. N-185.

240 So.2d 850 (1970)

Howard Harrison WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 17, 1970.


Attorney(s) appearing for the Case

Paul L. Martz, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


PER CURIAM.

Appellant was charged with the crime of breaking and entering with intent to commit a felony, grand larceny. Subsequently he entered a guilty plea to the lesser included offense of breaking and entering with intent to commit a misdemeanor and was sentenced to a five-year term of imprisonment.

Thereafter appellant filed a motion to set aside his conviction and sentence entered upon the guilty plea on the grounds that the lesser charge to which he...

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