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VON EBERSTEIN v. STATE

No. Q-202.

270 So.2d 444 (1972)

Ernest Gerald VON EBERSTEIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing December 19, 1972.

Attorney(s) appearing for the Case

J. Christian Meffert, of Ayres, Swigert, Cluster, Tucker & Curry, and Reginald Black, Ocala, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.

RAWLS, Judge.

Appellant Von Eberstein brings this appeal1 from a denial by the trial court of his Rule 3.850, FRCrP, 33 F.S.A., motion to set aside his conviction of breaking and entering with intent to commit a felony, i.e., grand larceny, on the grounds that there was no evidence to establish that he intended to steal the property of another valued at $100 or more.2

The State's sole contention is...

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