Edge v. State

The defendant appeals from a summary denial of his motion to vacate judgment and sentence. Only one of appellant’s •contentions has merit. That is whether the trial court imposed a sentence in excess of -that authorized by law.

A sentence of five years was imposed for Attempted Breaking and Entering with Intent to Commit a Misdemeanor. Fla.Stat., Sec. 810.05, F.S.A., provides:

“Whoever breaks and enters or enters without breaking any dwelling or store house, or any building, ship, vessel, or railroad car with intent to commit a misdemeanor, shall be punished by imprisonment in the state prison…