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CAUSEY v. STATE

No. 74-275.

307 So.2d 197 (1975)

Steven D. CAUSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 5, 1975.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, and Richard W. Seymour, Asst. Public Defender, Bradenton, for appellant.

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

GRIMES, Judge.

Appellant was charged with breaking and entering with intent to commit grand larceny. At the trial, the judge instructed the jury that he could be convicted of several crimes, including the crime of grand larceny. The appellant was found guilty of grand larceny.

Grand larceny is not a lesser included offense of the crime of breaking and entering with intent to commit grand larceny. Davis v. State, Fla.App.2d, 1969, 226 So.2d...

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