Mays v. State

District Court of Appeal of Florida

Mays v. State

450 So. 2d 299, 1984 Fla. App. LEXIS 13416

CourtDistrict Court of Appeal of Florida

DecidedMay 15, 1984

DocketNo. 83-831

StatusPublished

Cited by1 cases

This text of 450 So. 2d 299 (Mays 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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Mays v. State, 450 So. 2d 299, 1984 Fla. App. LEXIS 13416 (Fla. Ct. App. 1984).

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OPINION ON REHEARING

PER CURIAM.

We affirm Mays’ conviction for the crime of third degree murder. We reverse, however, Mays’ conviction for the crime of grand theft because that crime was a predicate supporting the murder conviction. See Bell v. State, 437 So.2d 1057 (Fla.1983); Boivin v. State, 436 So.2d 1074 (Fla. 3d DCA 1983), review granted, No. 64,368 (Fla. Mar. 30, 1984). We reverse the reservation of jurisdiction over the sentence on the authority of Pope v. State, 441 So.2d 1073 (Fla.1983), and Owen v. State, 441 So.2d 1111 (Fla. 3d DCA 1983).

Affirmed in part; reversed in part.

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OPINION ON REHEARING

PER CURIAM.

We affirm Mays’ conviction for the crime of third degree murder. We reverse, however, Mays’ conviction for the crime of grand theft because that crime was a predicate supporting the murder conviction. See Bell v. State, 437 So.2d 1057 (Fla.1983); Boivin v. State, 436 So.2d 1074 (Fla. 3d DCA 1983), review granted, No. 64,368 (Fla. Mar. 30, 1984). We reverse the reservation of jurisdiction over the sentence on the authority of Pope v. State, 441 So.2d 1073 (Fla.1983), and Owen v. State, 441 So.2d 1111 (Fla. 3d DCA 1983).

Affirmed in part; reversed in part.

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450 So. 2d 299, 1984 Fla. App. LEXIS 13416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mays-v-state-fladistctapp-1984.

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