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PETTIGREW v. STATE

Nos. 74-411, 74-413.

316 So.2d 69 (1975)

Kenneth PETTIGREW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 31, 1975.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and E. Earl Taylor, Jr., Asst. Public Defender, Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Entering without breaking with intent to commit a misdemeanor is not a lesser included offense to breaking and entering with the same intent. Skov v. State, Fla. App.2d, 1974, 292 So.2d 64. See also O'Neal v. State, Fla.App.2d, 1975, 308 So.2d 569. Therefore, appellant's conviction of entering without breaking on an information charging...

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