Lindsey v. State

McCORD, Judge.

Appellant was charged with breaking and entering with intent to commit a felony. He was convicted of the “lesser included offense” of “breaking and entering or entering without breaking with intent to commit a misdemeanor” (a violation of § 810.-05, Florida Statutes, 1973). He appeals the judgment and sentence.

Appellant recognizes that in Whilden v. State, Fla.App. (1st), 301 So.2d 35 (1974), this court, when confronted with such a verdict and judgment, remanded the case to the trial court “with instructions to enter judgment and sentence on the lesser of the included offenses…