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McINTYRE v. STATE

No. 79-280.

380 So.2d 1064 (1980)

Kenneth Roger McINTYRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 6, 1980.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Chief Judge.

Appellant complains that he was convicted of the crime of attempted grand theft, despite the fact that this court recently held that there is no crime of attempted grand theft. Miles v. State, 374 So.2d 1167 (Fla. 2d DCA 1979).

Ordinarily, one cannot be convicted of a nonexistent crime. Vogel v. State, 365 So.2d 1079 (Fla. 1st DCA 1979). However, the...

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