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Mills v. State

599 So. 2d 1055, 1992 Fla. App. LEXIS 7719, 1992 WL 147164
Procedural entryThis page is a short order in Mills v. State. Read the opinion of the Court — 642 So. 2d 15 →
District Court of Appeal of Florida·Decided June 30, 1992·No. No. 91-1068·Published

Opinion

PER CURIAM.

Where a jury agreed by its verdict that the defendant burglarized an unoccupied residence, but could not decide unanimously whether a firearm was taken during the burglary, it was error, as the State concedes, to convict and sentence him for armed burglary. A verdict which does not find everything that is necessary to enable the court to render a judgment cannot support the judgment. Streeter v. State, 416 So.2d 1203 (Fla. 3d DCA 1982).

Reversed in part and remanded with instructions to reduce the conviction for arm[1056]*1056ed burglary, a first-degree felony, to second-degree felony burglary.

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Mills v. State, 599 So. 2d 1055, 1992 Fla. App. LEXIS 7719, 1992 WL 147164 (Fla. Ct. App. 1992).

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Related

Streeter v. State
416 So. 2d 1203 (District Court of Appeal of Florida, 1982)