TUKES v. STATE

No. CC-155.

346 So.2d 1056 (1977)

Joseph TUKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 7, 1977.


Attorney(s) appearing for the Case

Peter Keating, Daytona Beach, for appellant.

Robert L. Shevin, Atty. Gen., Donald K. Rudser, Raymond L. Marky, Asst. Attys. Gen., for appellee.


ERVIN, Judge.

Tukes appeals his fifteen year sentence for breaking and entering a dwelling house with intent to commit a felony. The information incorrectly charged Tukes with violating Section 810.01, Florida Statutes (1973). The statute covering such an offense was repealed by Chapter 74-383, section 66, Laws of Florida and was replaced by Section 810.02, Florida Statutes (Supp. 1974). The failure to cite the proper statute in support of the charge, however, was...

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