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STATE EX REL. WASHINGTON v. RIVKIND

Nos. 77-563, 77-1200.

350 So.2d 575 (1977)

STATE of Florida ex rel. Nathaniel D. WASHINGTON and Anthony Adams, Relators, v. Leonard RIVKIND and Ira L. Dubitsky, Judges of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondents.

District Court of Appeal of Florida, Third District.

October 11, 1977.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Irv J. Lamel and Paul Morris, Asst. Public Defenders, for relators.

Richard E. Gerstein, State's Atty., and Dennis L. Curran and Paul M. Rashkind, Asst. State's Attys., for respondents.

Before HENDRY, C.J., and PEARSON and HUBBART, JJ.

HUBBART, Judge.

These consolidated cases present a single issue as to whether an attempted third degree burglary is a third degree felony or a first degree misdemeanor within the meaning of Sections 777.04(4)(c), (d) and 810.02, Florida Statutes (1975). We hold that an attempt to commit a burglary of any degree, including a burglary of the third degree, constitutes a third degree felony under Section 777.04(4)(c) and 810...

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