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E. J. Salcines State Attorney Tampa

QUESTION:

In view of the conflict between ss. 777.04(4)(c) and 810.02(3), F. S., should attempted burglary of an unoccupied structure or conveyance be considered a third degree felony or a first degree misdemeanor?

SUMMARY:

The phrase `. . . or any burglary, . . .' in s. 777.04(4)(c), F. S., must be construed to mean any burglary of the second degree. The burglary classified by s. 810.02(3), F. S., as a third degree felony is reduced by the operation of s. 777.04(d), F. S., to a first degree misdemeanor.

Your question brings into focus a rather unusual statutory…