
    Roy Thomas McDADE, Appellant, v. STATE of Florida, Appellee.
    No. 69-351.
    District Court of Appeal of Florida, Fourth District.
    March 30, 1970.
    Leonard L. Stafford, Public Defender, and Stephen W. Toothaker, Asst. Public Defender, Fort Lauderdale, for appellant.
    Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

Affirmed. See State ex rel. Roberts v. Cochran, Fla.1962, 140 So.2d 597.

WALDEN and REED, JJ., concur.

McCAIN, J., dissents, with opinion.

McCAIN, Judge

(dissenting).

Defendant appeals an order revoking probation and sentencing him to three years imprisonment. The original offense giving rise to the probation being a misdemeanor, i. e., breaking and entering with intent to commit a misdemeanor, to wit: petit larceny, I would transfer this appeal to the Circuit Court for Broward County, Florida. See my dissent in Brown v. State, 232 So.2d 55, Fourth District Court of Appeal, opinion filed February 12, 1970.  