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STATE v. SUDOL

No. 77-1944.

357 So.2d 761 (1978)

STATE of Florida, Appellant, v. Stephen Joseph SUDOL, Appellee.

District Court of Appeal of Florida, Fourth District.

April 18, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellant.

Alan H. Schreiber, Public Defender, and Stuart M. Lerner, Asst. Public Defender, Fort Lauderdale, for appellee.

DAUKSCH, Judge.

There was a potential conflict between decisions in our court in regard to the classification of the crime of attempted burglary. This potential conflict was properly resolved in Gray v. State, 356 So.2d 848 (Fla. 4 DCA Case No. 77-221 Opinion filed March 14, 1978). Attempted burglary is a third degree felony notwithstanding the dicta in Bownes v. State, 345 So.2d 787

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