Howard v. State
538 So. 2d 980
Fla. Dist. Ct. App.
1989
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Lead Opinion

PER CURIAM.

Affirmed on the authority of Jones v. State, 492 So.2d 1124 (Fla. 3d DCA 1986), review denied, 501 So.2d 1282 (Fla.1986).

JORGENSON, J. and JOHN G. FERRIS, (Retired) Associate Judge, concur.





Concurrence Opinion

SCHWARTZ, Chief Judge

(specially concurring).

I agree that Jones v. State is squarely on point, that this panel is bound by it, and that it compels affirmance. Were I free to do so, however, I would follow Judge Hub-bart’s dissenting opinion in Jones which, with respect, I believe represents the better reasoned view by far. I would therefore and wish we could reverse the conviction below for attempted burglary with directions to retry the defendant on the charge of trespass alone.