Bowen v. State

District Court of Appeal of Florida

Bowen v. State

491 So. 2d 331, 11 Fla. L. Weekly 1560, 1986 Fla. App. LEXIS 8823

CourtDistrict Court of Appeal of Florida

DecidedJuly 16, 1986

DocketNo. 85-2644

StatusPublished

Cited by1 cases

This text of 491 So. 2d 331 (Bowen v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowen v. State, 491 So. 2d 331, 11 Fla. L. Weekly 1560, 1986 Fla. App. LEXIS 8823 (Fla. Ct. App. 1986).

Pincite

Opinion

LETTS, Judge.

The defendant argues that the trial court erred in adjudicating him guilty of trespass of an occupied conveyance pursuant to section 810.08(2)(b), Florida Statutes (1985). We agree.

The jury was only instructed as to, and in fact only convicted him of, the offense of trespass of a conveyance pursuant to section 810.08(2)(a), which is a lesser-included offense of trespass of an occupied convey-

anee. See Bradley v. State, 378 So.2d 870 (Fla. 2d DCA 1978). As a result, the trial court erred in adjudicating the defendant guilty of the more serious offense. See Miller v. State, 467 So.2d 1084 (Fla. 2d DCA 1985).

Accordingly, we remand this cause for the trial court to correct its judgment and adjudicate and sentence the defendant of trespass pursuant to section 810.08(2)(a).

REMANDED IN ACCORDANCE HEREWITH.

HERSEY, C.J., and WALDEN, J., concur.

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