Cox v. State
| Decision Date | 11 October 1966 |
| Docket Number | No. 65--978,65--978 |
| Citation | 190 So.2d 823 |
| Parties | Ernest Olin COX, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Ernest Olin Cox, in pro. per.
Earl Faircloth, Atty. Gen., and Herbert P. Benn, First Asst. Atty. Gen., for appellee.
Before PEARSON, CARROLL and BARKDULL, JJ.
The appellant was informed against in a two-count information. Under Count I, he was charged with breaking and entering a dwelling with intent to commit a felony. Under Count II, he was charged with grand larceny. Following a non-jury trial, he was convicted of the charge under Count I, and convicted of the lesser included offense of petit larceny under Count II, and sentenced to two years in the State penitentiary.
On this appeal, the appellant contends that his sentence was excessive; that he was convicted of no more than a misdemeanor. The conviction under Count I carried a maximum penalty of five years in the State penitentiary (because the value of the goods taken was established at less than $100.00). See: § 810.05 Fla.Stat., F.S.A. The imprisonment being in the State prison, it was a felony. See: § 775.08 Fla.Stat., F.S.A. The sentence being within the limit set by the statute, no error has been demonstrated in this regard nor in the other contentions raised by the appellant.
Therefore, the action of the trial judge here under review is hereby affirmed.
Affirmed.
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Brown v. State
...Chapman v. Lake, 1933, 112 Fla. 746, 151 So. 399, 402. See also Tidwell v. Circuit Court, 1942, 151 Fla. 333, 9 So.2d 630; Cox v. State, Fla.App.1966, 190 So.2d 823; and Griffin v. State, Fla.App.1969, 217 So.2d 893. Under F.S. Section 810.05, F.S.A., breaking and entering with the intent t......
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Boyer v. State, N-19
...demonstrate reversible error, the order of the lower court is affirmed. See Brown v. State, 232 So.2d 55 (Fla.App.1970) and Cox v. State, 190 So.2d 823 (Fla.App.1966). JOHNSON, C.J., and CARROLL, DONALD K., and RAWLS, JJ., ...