Florida District Courts of Appeal, 1968

Hidalgo v. State

Hidalgo v. State
Florida District Courts of Appeal · Decided April 2, 1968 · Carroll, Hendry, Pearson
208 So. 2d 629; 1968 Fla. App. LEXIS 5794 (Southern Reporter, Second Series)

Hidalgo v. State

Opinion of the Court

PER CURIAM.

The record of appellant’s conviction fails to support the judgment and sentence because of the State’s failure to prove an essential element of the crime charged. See § 811.20 Fla.Stat. (1965), F.S.A. The State, in its brief and upon oral argument, recognizes the fatal deficiency. Therefore, the judgment and sentence must be reversed *630upon authority of the law as established in Lasher v. State, 80 Fla. 712, 86 So. 689 (1920); Farrior v. State, Fla.1954, 76 So.2d 148; Johnson v. State, Fla.App.1958, 102 So.2d 412; Patterson v. State, Fla.App.1964, 167 So.2d 766.

Reversed, with directions to discharge appellant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.