CHRISTIA v. STATE

No. 73-985.

295 So.2d 692 (1974)

Willie Olivia CHRISTIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 7, 1974.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, and Ellen Condon, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant was convicted of the crimes of breaking and entering with intent to commit a misdemeanor, to wit, petit larceny, and petit larceny. He received the maximum sentence for each offense to be served consecutively. He now appeals the denial of what he characterizes as a motion to vacate sentence under Rule 3.850, CrPR, 33 F.S.A.

In view of the fact that the petit larceny was the same offense which he intended to commit when he broke and entered...

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