Fitz v. State

RAWLS, Chief Judge.

Defendant Fitz by this appeal from a conviction of attempting to break and enter a building with intent to- commit a misdemeanor, urges that the trial court erred in refusing to grant defendant’s motion to vacate sentence of two years when the maximum sentence which could legally be imposed was one year.

Two sections of Florida Statutes are pertinent to the issue being considered, viz.:

Section 810.05, Florida Statutes, F.S.A., delineates the prime offense charged, that is breaking and entering with intent to commit a misdemeanor. A conviction for committing this offense…