Morrissey v. State
Morrissey v. State
451 So. 2d 526; 1984 Fla. App. LEXIS 13239
(Southern Reporter, Second Series)
Morrissey v. State
Opinion of the Court
We find no error by the trial court in refusing to sever appellant’s trial from that of his codefendant. McCray v. State, 416 So.2d 804 (Fla. 1982). We also find no reversible error by the trial court in the admission of the fingerprint evidence or in its instructions to the jury. We agree with appellant, however, that his conviction for the lesser included offense of attempted robbery with a firearm cannot stand. See Bell v. State, 437 So.2d 1057 (Fla. 1983).
Accordingly, we affirm appellant’s conviction and sentence for murder, but remand this cause to the trial court with directions that the conviction for attempted robbery with a firearm be vacated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.