Supreme Court of Florida, 1976

Clark v. State

Supreme Court of Florida · Decided September 16, 1976 · Adkins, England, Ett, Hatch, Roberts, Sundberg

337 So. 2d 798; 1976 Fla. LEXIS 4497 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Mitchell v. State (Fla. Dist. Ct. App. 1981)
Blair v. State (Fla. Dist. Ct. App. 1980)
Lopez v. State (Fla. Dist. Ct. App. 1977)
Cruce v. State (Fla. Dist. Ct. App. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.