PORTER v. STATE

No. 75-1493.

341 So.2d 1017 (1977)

Charles F. PORTER, Appellant v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 24, 1977.


Attorney(s) appearing for the Case

David A. Demers of the Law Offices of Robert W. Pope, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


HOBSON, Judge.

Appellant was convicted of entering without breaking a dwelling house with intent to commit a felony. His appeal is premised on the assertion that the trial judge erred in instructing the jury on the offense charged and the lesser included offenses as they relate to an intent to commit a felony. We agree, but for the reasons stated herein, the sentence is affirmed.

At the trial a victim of the theft, Mrs. Lynch, testified as to the value of...

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