Clark v. State

Supreme Court of Florida
Clark v. State, 337 So. 2d 798 (Fla. 1976)
1976 Fla. LEXIS 4497
Adkins, England, Ett, Hatch, Roberts, Sundberg

Clark v. State

Opinion of the Court

BY THE COURT.

The decision of the Fourth District Court of Appeal reported at 318 So.2d 487, affirming petitioner’s conviction of aggravated assault, is reversed. State v. White, 324 So.2d 630 (Fla. 1975). On the authority of Section 924.34, Fla.Stat. (1973), this cause is remanded with instructions to direct the trial court to enter conviction and sentence for the lesser included offense of attempt to commit aggravated assault,1 which the evidence establishes.

It is so ordered.

ROBERTS, Acting C. J., and ADKINS, ENGLAND, SUNDBERG and HATCH-ETT, JJ., concur.

. Sections 776.04(3) and 784.04, Fla.Stat. (1973).

Reference

Full Case Name
Melvin T. CLARK v. STATE of Florida
Cited By
4 cases
Status
Published