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ROBERTS v. STATE

Nos. 75-106, 75-107.

320 So.2d 832 (1975)

Roy E. ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 24, 1975.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, Steven H. Denman, Asst. Public Defender, Bradenton, and Nevin A. Weiner, Legal Intern, Bradenton, for appellant.

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

GRIMES, Judge.

Once again we are faced with the problem of one being convicted of entering without breaking with intent to commit a misdemeanor on a charge of breaking and entering with the same intent. Beginning with Skov v. State, Fla.App.2d, 1974, 292 So.2d 64, and followed in O'Neal v. State, Fla.App.2d, 1975, 308 So.2d 569, we held that such a conviction cannot stand. See...

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