Florida District Courts of Appeal, 1975

Sosa v. State

Sosa v. State
Florida District Courts of Appeal · Decided July 2, 1975 · Boardman, Grimes, Hobson
314 So. 2d 819; 1975 Fla. App. LEXIS 13642 (Southern Reporter, Second Series)

Sosa v. State

Opinion of the Court

PER CURIAM.

Appellant’s conviction for assault upon Stan Rowell with intent to commit manslaughter is affirmed. However, there is no evidence in the record to indicate that appellant fired any shots in the direction of James Layman or, in fact, even knew of Layman’s presence at the scene. Cf. Johnson v. State, 1907, 53 Fla. 45, 43 So. 779. Therefore, the judgment of conviction and sentence for assault upon James Layman with intent to commit manslaughter are hereby reversed.

HOBSON, A. C. J., and BOARDMAN and GRIMES, JJ., concur.

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