State v. Fitz

DREW, Justice.

By conflict certiorari petitioner seeks review of a decision of the District Court of Appeal,1 First District, reversing in part a two-year sentence for the offense of attempt to violate Sec. 810.05, which provides a penalty of imprisonment "not exceeding five years” for breaking and. entering with intent to commit a misdemeanor.

The applicable statute, F.S. Sec. 776.04, F.S.A., authorizes graduated sentences in part as follows: five years if the offense attempted is “punishable by imprisonment * * * for life, or for five years or more”; one year if the offense attempted is…