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LINDSEY v. STATE

No. Y-365.

330 So.2d 867 (1976)

Tom LINDSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 28, 1976.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

McCORD, Judge.

Appellant was charged with breaking and entering with intent to commit a felony. He was convicted of the "lesser included offense" of "breaking and entering or entering without breaking with intent to commit a misdemeanor" (a violation of § 810.05, Florida Statutes, 1973). He appeals the judgment and sentence.

Appellant recognizes that in Whilden v. State, Fla.App. (1st), 301 So.2d 35 (1974), this...

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