Florida District Courts of Appeal, 1992

Mills v. State

Mills v. State
Florida District Courts of Appeal · Decided June 30, 1992 · Ferguson, Goderich, Nesbitt
599 So. 2d 1055; 1992 Fla. App. LEXIS 7719; 1992 WL 147164 (Southern Reporter, Second Series)

Mills v. State

Opinion of the Court

PER CURIAM.

Where a jury agreed by its verdict that the defendant burglarized an unoccupied residence, but could not decide unanimously whether a firearm was taken during the burglary, it was error, as the State concedes, to convict and sentence him for armed burglary. A verdict which does not find everything that is necessary to enable the court to render a judgment cannot support the judgment. Streeter v. State, 416 So.2d 1203 (Fla. 3d DCA 1982).

Reversed in part and remanded with instructions to reduce the conviction for arm*1056ed burglary, a first-degree felony, to second-degree felony burglary.

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