O'NEAL v. STATE

No. 74-403.

308 So.2d 569 (1975)

Louis Butler O'NEAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 12, 1975.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Samuel J. Swisher, Asst. Public Defender, Sarasota, and Edward F. Gerace, Tampa, for appellant.

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


SCHEB, Judge.

This is an appeal from an order denying a motion to vacate and set aside a judgment and sentence under RCrP 3.850.

The appellant/defendant was charged with breaking and entering a truck with intent to commit a crime therein, to-wit: petit larceny. A jury trial resulted in a verdict of guilty of entering without breaking a truck with intent to commit a crime, to-wit: petit larceny, for which the appellant was sentenced on February 26, 1973. Appellant...

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