Ellis v. State

BOYD, Justice.

The petitioner Ellis was charged by information with the crime of attempted burglary. His motion to dismiss the information as legally insufficient was denied, and after a jury trial he was found guilty as charged. On appeal the district court of appeal affirmed but certified that its decision passed upon a question of great public importance, Ellis v. State, 425 So.2d 201 (Fla. 5th DCA 1983), thus giving us jurisdiction to consider Ellis’ petition for review. Art. V, § 3(b)(4), Fla. Const.

The information charging petitioner with attempted burglary alleged an overt act in…