Morrissey v. State

District Court of Appeal of Florida

Morrissey v. State

451 So. 2d 526, 1984 Fla. App. LEXIS 13239

District Court of Appeal of Florida·Decided May 30, 1984·No. No. 83-216·Published·Cited by 1 cases

Opinion

PER CURIAM.

We find no error by the trial court in refusing to sever appellant’s trial from that of his codefendant. McCray v. State, 416 So.2d 804 (Fla.1982). We also find no reversible error by the trial court in the admission of the fingerprint evidence or in its instructions to the jury. We agree with appellant, however, that his conviction for the lesser included offense of attempted robbery with a firearm cannot stand. See Bell v. State, 437 So.2d 1057 (Fla.1983).

Accordingly, we affirm appellant’s conviction and sentence for murder, but remand this cause to the trial court with directions that the conviction for attempted robbery with a firearm be vacated.

ANSTEAD, C.J., and LETTS and BERA-NEK, JJ., concur.

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PER CURIAM.

We find no error by the trial court in refusing to sever appellant’s trial from that of his codefendant. McCray v. State, 416 So.2d 804 (Fla.1982). We also find no reversible error by the trial court in the admission of the fingerprint evidence or in its instructions to the jury. We agree with appellant, however, that his conviction for the lesser included offense of attempted robbery with a firearm cannot stand. See Bell v. State, 437 So.2d 1057 (Fla.1983).

Accordingly, we affirm appellant’s conviction and sentence for murder, but remand this cause to the trial court with directions that the conviction for attempted robbery with a firearm be vacated.

ANSTEAD, C.J., and LETTS and BERA-NEK, JJ., concur.

Morrissey v. State, 451 So. 2d 526, 1984 Fla. App. LEXIS 13239 (Fla. Ct. App. 1984).

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Opinion

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