Florida District Courts of Appeal, 1991

Frazier v. State

Frazier v. State
Florida District Courts of Appeal · Decided April 19, 1991 · Danahy, Lehan, Schoonover
578 So. 2d 51; 1991 Fla. App. LEXIS 3595; 1991 WL 58881 (Southern Reporter, Second Series)

Frazier v. State

Opinion of the Court

PER CURIAM.

The appellant was convicted of robbery and appeals his conviction contending that there was insufficient evidence of the element of using “force, violence or assault or putting in fear.” § 812.13(1), Fla.Stat. (1989). The appellee concedes the error. Therefore, we reverse the appellant’s conviction and sentence for robbery and, in *52accordance with section 924.34, Florida Statutes, remand with directions to the trial court to adjudicate the appellant guilty of the necessarily lesser included crime of petit theft and to resentence the appellant accordingly.

SCHOONOVER, C.J., and LEHAN and DANAHY, JJ., concur.

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