Copeland v. State

Petitioner, in this original action, seeks a writ of habeas corpus wherein he alleges that he was “. . . convicted for breaking and entering with intent to commit a misdemeanor”, and then reasons “. . . I was convicted of a specific misdemeanor . . . . Now if the offense is breaking and entering with intent to commit a misdemeanor, why was I sentenced for committing a felony.”

The answer to Petitioner’s query is found in Section 810.05, Florida Statutes, F.S.A., entitled “Breaking and entering with intent to commit a misdemeanor”, which provides:

“. . . Whoever breaks and enters . . .…