O'Conner v. State (236 So. 2d 21, 1970)

PER CURIAM.

Affirmed on the authority of State v. Fitz, Fla.1967, 202 So.2d 841 and Edge v. State, Fla.App.1964, 170 So.2d 596.

WALDEN and OWEN, JJ., concur.

McCAIN, J., dissents, with opinion.

McCAIN, Judge

(dissenting).

Defendant appeals his judgment and sentence of attempted breaking and entering with intent to commit a misdemeanor, to wit: petit larceny. Said offense being a misdemeanor, I would transfer this cause to the Circuit Court for Broward County. See my dissent in Brown v. State, Fla.App.1970, 232 So.2d 55.