GHENT v. STATE

No. 87-2301.

536 So.2d 285 (1988)

James Y. GHENT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 7, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellee.

Before NESBITT and FERGUSON, JJ., and VANN, HAROLD R., Associate Judge.


PER CURIAM.

Ghent appeals his conviction and sentence for attempted burglary of a structure and possession of burglary tools. He argues that he cannot be convicted of both those crimes because in the instant case they represent convictions for the same attempted burglary. We agree and reverse and remand for proceedings consistent with this opinion.

The elements of the crime of attempted burglary are: 1) the intent to commit burglary; and 2) some overt act...

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