Legal Opinion
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Florida Attorney General Reports
Decided October 25, 1977Published
1Opinion of the Court
E. J. Salcines State Attorney Tampa
(See 077-4 for question)
SUMMARY:
Upon reconsideration of AGO 077-4, in view of recent appellate court decisions on the same subject as earlier treated in said opinion, I now must conclude that an attempted third degree felony burglary is punishable as a completed offense of the same degree, and hereby recede from the contrary conclusion reached in said opinion.
The First District Court of Appeal of Florida, in Massey v. State, No. FF-417, filed August 18, 1977, ruled upon the following question:
Should an attempt at a third degree felony burglary be punishable…
2Cases cited9 opinions
- American Bankers Life Assur. Co. of Fla. v. WilliamsDistrict Court of Appeal of Florida · 1968
- American Bakeries Co. v. City of Haines CitySupreme Court of Florida · 1938
- Florida State Racing Commission v. BourquardezSupreme Court of Florida · 1949
- State v. BeardsleySupreme Court of Florida · 1922
- Richardson v. City of MiamiSupreme Court of Florida · 1940
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