
    Charles J. COPELAND, Petitioner, v. STATE of Florida, Respondent.
    No. T-27.
    District Court of Appeal of Florida, First District.
    March 29, 1973.
    Charles J. Copeland, in pro. per.
    Robert L. Shevin, Atty, Gen., for respondent.
   PER CURIAM.

Petitioner, in this original action, seeks a writ of habeas corpus wherein he alleges that he was “. . . convicted for breaking and entering with intent to commit a misdemeanor”, and then reasons “. . . I was convicted of a specific misdemeanor . . . . Now if the offense is breaking and entering with intent to commit a misdemeanor, why was I sentenced for committing a felony.”

The answer to Petitioner’s query is found in Section 810.05, Florida Statutes, F.S.A., entitled “Breaking and entering with intent to commit a misdemeanor”, which provides:

“. . . Whoever breaks and enters . . . [enumerates various properties and chattels] with intent to commit a misdemeanor shall be guilty of a felony of the third degree, punishable as provided in § 775.082, . . . . ” .[Emphasis Supplied]

Subsection 775.082(2) (c), Florida Statutes, F.S.A., provides a penalty not exceeding 5 years for a felony of the third degree. Petitioner alleges he was sentenced to a five-year term.

The Petition for Writ of Habeas Corpus is without merit and is denied.

SPECTOR, C. J., and JOHNSON and RAWLS, JJ., concur.  