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SMITH v. STATE

Nos. 74-775, 74-719.

305 So.2d 247 (1974)

John Louis SMITH, Appellant, v. The STATE of Florida, Appellee. Lennie Tigner, Appellant, v. The State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 14, 1975.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Kurt Marmar, Asst. Public Defender, for appellant Smith.

Mazar & Mora, Miami, for appellant Tigner.

Robert L. Shevin, Atty. Gen., Linda C. Hertz, Asst. Atty. Gen., and Elliott H. Scherker, Legal Intern, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

The defendants were charged by information with breaking and entering a dwelling with intent to commit grand larceny. They were tried by jury, found guilty of breaking and entering a dwelling with intent to commit petit larceny and were so adjudged; whereupon, Smith was sentenced to a term of five years in the state penitentiary, and Tigner was placer on probation for a period of five years.

On appeal, both defendants contend that the court erred...

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