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KELLY v. STATE

No. AK-415.

419 So.2d 1161 (1982)

Teddy Warren KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 29, 1982.

Attorney(s) appearing for the Case

Barry W. Beroset of Murphy, Beroset, Parks & Oberhausen, Pensacola, for appellant.

Jim Smith, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.

MILLS, Judge.

Kelly appeals the denial of his motion for post-conviction relief. We affirm.

The commission of the intended felony is not a lesser included offense of burglary. Estevez v. State, 313 So.2d 692 (Fla. 1975).

State v. Sarmiento, 397 So.2d 643 (Fla. 1981), and Hoberman v. State, 400 So.2d 758 (Fla. 1981), issues...

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