Writ of Certiorari to the District Court of Appeal, First District.

The Petition for Writ of Certiorari reflected probable jurisdiction in this Court. We issued the Writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter, we have determined that the Court is without jurisdiction. Therefore, the Writ must be and is hereby discharged and the Petition for Writ of Certiorari is dismissed.

It is so ordered.

concurring in part and dissenting in part.

The decision of the district court conflicts with Washington v. State, 55 Fla. 194, 46 So. 417 (1908). The verdict should be given the effect that conforms to the jury’s intent. The jury returned a clear verdict that petitioner was guilty of robbery without a weapon, a felony of the second degree, punishable by a term of imprisonment not to exceed fifteen years. On the record before this Court, petitioner could not be sentenced as a principal to robbery with a deadly weapon because there is no judgment that such a robbery occurred.

I would affirm the judgment, but only as to the verdict finding petitioner guilty of the second degree felony. This cause should be remanded for modification of the judgment and sentence.

ADKINS and HATCHETT, JJ., concur.