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BROWN v. STATE

No. 2481.

232 So.2d 55 (1970)

Calloway BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 17, 1970.

Attorney(s) appearing for the Case

Louis R. Bowen, Jr., Public Defender, and Chandler R. Muller, Asst. Public Defender, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and James M. Adams, Asst. Atty. Gen., West Palm Beach, for appellee.

ON REHEARING

REED, Judge.

The appellant, Calloway Brown, appeals from a conviction under F.S. 1967, Section 790.23, F.S.A., for the offense of possessing a pistol after a previous felony conviction. The previous conviction was for the crime of breaking and entering with the intent to commit a misdemeanor under F.S. 1965, Section 810.05, F.S.A. The appellant contends that breaking and entering with the intent to commit a misdemeanor is not a felony; therefore...

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