Hightower v. State

• Decision Date: 19 December 1975
• Docket Number: No. 75--474,75--474
• Citation: 324 So.2d 163
• Parties: Robert Lee HIGHTOWER, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 163

324 So.2d 163

Robert Lee HIGHTOWER, Appellant, v. STATE of Florida, Appellee.

No. 75--474.

District Court of Appeal of Florida, Fourth District.

Dec. 19, 1975.

Richard L. Jorandby, Public Defender, and James R. Bean, III, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant, charged with breaking and entering a building with intent to commit a misdemeanor, was convicted of entering without breaking a building with intent to commit a misdemeanor. Relying upon Pettigrew v. State, 316 So.2d 69 (2nd DCA Fla.1975); O'Neal v. State, 308 So.2d 569 (2nd DCA Fla.1975), and Skov v. State, 292 So.2d 64 (2nd DCA Fla.1974), he contends that this is fundamental error. The cited cases have been expressly overruled. See Roberts v. State, 320 So.2d 832 (2nd DCA Fla.1975).

Affirmed.

OWEN, MAGER and DOWNEY, JJ., concur.