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Florida District Courts of Appeal, 1977

McCall v. State

McCall v. State
Florida District Courts of Appeal · Decided January 21, 1977 · Dauksch, Downey, Green, Oliver
341 So. 2d 1038; 1977 Fla. App. LEXIS 14988 (Southern Reporter, Second Series)

McCall v. State

Opinion of the Court

PER CURIAM.

Appellant contends, and the state concedes, that appellant’s conviction and sentence on Count III of attempted uttering of a forged instrument is void as there is no such crime. King v. State, Fla., 339 So.2d 172, opinion issued October 7, 1976.

Accordingly, the judgment and sentence on County III of the Information are vacated and as so modified the judgment and sentence appealed from are affirmed.

AFFIRMED AS MODIFIED.

DOWNEY and DAUKSCH, JJ., and GREEN, OLIVER L., Jr., Associate Judge, concur.

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