State v. Fitz

BARNS, PAUL D., Justice (Ret.)

(concurring specially):

This matter is before us on conflict certiorari, the conflict being between the decision of the lower court, Fitz v. State, Fla.App., 196 So.2d 762, and the decisions of Edge v. State, Fla.App., 170 So.2d 596, and Floyd v. State, Fla.App., 170 So.2d 599.

The respondent was convicted and sentenced to serve a two-year sentence of imprisonment upon a conviction of attempting to break and enter a building with intent to commit a misdemeanor, and petitioner urges that the maximum sentence authorized is two and one-half years and not one year as…