Frazier v. State

District Court of Appeal of Florida

Frazier v. State

578 So. 2d 51, 1991 Fla. App. LEXIS 3595, 1991 WL 58881

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 1991

DocketNo. 90-00055

StatusPublished

This text of 578 So. 2d 51 (Frazier 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.

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Frazier v. State, 578 So. 2d 51, 1991 Fla. App. LEXIS 3595, 1991 WL 58881 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The appellant was convicted of robbery and appeals his conviction contending that there was insufficient evidence of the element of using “force, violence or assault or putting in fear.” § 812.13(1), Fla.Stat. (1989). The appellee concedes the error. Therefore, we reverse the appellant’s conviction and sentence for robbery and, in [52]*52accordance with section 924.34, Florida Statutes, remand with directions to the trial court to adjudicate the appellant guilty of the necessarily lesser included crime of petit theft and to resentence the appellant accordingly.

SCHOONOVER, C.J., and LEHAN and DANAHY, JJ., concur.

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PER CURIAM.

The appellant was convicted of robbery and appeals his conviction contending that there was insufficient evidence of the element of using “force, violence or assault or putting in fear.” § 812.13(1), Fla.Stat. (1989). The appellee concedes the error. Therefore, we reverse the appellant’s conviction and sentence for robbery and, in [52]*52accordance with section 924.34, Florida Statutes, remand with directions to the trial court to adjudicate the appellant guilty of the necessarily lesser included crime of petit theft and to resentence the appellant accordingly.

SCHOONOVER, C.J., and LEHAN and DANAHY, JJ., concur.

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578 So. 2d 51, 1991 Fla. App. LEXIS 3595, 1991 WL 58881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-state-fladistctapp-1991.