Von Eberstein v. State

RAWLS, Judge.

Appellant Von Eberstein brings this appeal1 from a denial by the trial court of his Rule 3.850, FRCrP, 33 F.S.A., motion to set aside his conviction of breaking and entering with intent to commit a felony, i. e., grand larceny, on the grounds that there was no evidence to establish that he intended to steal the property of another valued at $100 or more.2

The State’s sole contention is that appellant has no standing to raise an evidentiary issue in a collateral attack upon the judgment of conviction and sentence which has previously been affirmed by this court on direct appeal.3…