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MASSEY v. STATE

No. FF-417.

348 So.2d 1244 (1977)

Michael James MASSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 9, 1977.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Raymond L. Marky and Michael H. Davidson, Asst. Attys. Gen., for appellee.

BOYER, Chief Judge.

The issue to be here resolved is whether the offense of attempted burglary of an unoccupied structure is a felony of the third degree or a misdemeanor of the first degree.

Appellant urges that the trial court erred when imposing a five year sentence pursuant to Section 775.082(3)(d) Florida Statutes (1975) upon adjudicating appellant guilty of attempted burglary of an unoccupied structure in accordance with his plea of guilty.

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