Florida District Courts of Appeal, 1977

Phillips v. State

Florida District Courts of Appeal · Decided May 27, 1977 · Alderman, Downey, Green, Judgé, Oliver

352 So. 2d 73; 1977 Fla. App. LEXIS 15702 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

DOWNEY, J., and GREEN, OLIVER L., Associate Judgé, concur. ALDERMAN, J., dissents, with opinion.

Dissenting Opinion

ALDERMAN, Judge,

dissenting:

In my opinion the evidence in this case is sufficient only to support a conviction under Section 794.011(5), Florida Statutes (1974 Supplement to Florida Statutes 1973). I would remand with instructions that the defendant be sentenced for a felony of the second degree.

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