Florida District Courts of Appeal, 1988

Hutley v. State

Hutley v. State
Florida District Courts of Appeal · Decided September 28, 1988 · Anstead, Letts, Walden
531 So. 2d 253; 13 Fla. L. Weekly 2233; 1988 Fla. App. LEXIS 4277; 1988 WL 98592 (Southern Reporter, Second Series)

Hutley v. State

Opinion of the Court

LETTS, Judge.

The defendant was convicted of attempted robbery and two counts of simple assault. We reverse the latter two convictions.

Under the facts here presented, the two counts of simple assault are lesser included offenses of robbery. See Richardson v. State, 523 So.2d 746, 747 (Fla. 5th DCA 1988).

AFFIRMED IN PART, REVERSED IN PART.

ANSTEAD and WALDEN, JJ., concur.

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