Tyson v. State

District Court of Appeal of Florida

Tyson v. State

334 So. 2d 657, 1976 Fla. App. LEXIS 13810

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 1976

DocketNo. 75-1779

StatusPublished

This text of 334 So. 2d 657 (Tyson 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

Tyson v. State, 334 So. 2d 657, 1976 Fla. App. LEXIS 13810 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

The appellant was, by information, charged with an assault to commit murder. He was tried and found guilty of culpable negligence. Upon the rendition of the jury verdict, the trial court adjudicated the defendant guilty and sentenced him to the maximum term allowed. This appeal ensued.

The appellant contends that culpable negligence is not a lesser included offense to the crime upon which he was informed against. The culpable negligence statute, at the relevant time, was § 784.05, Fla. Stat.,¹ which read in part as follows:

“784.05 Punishment for culpable negligence. — Whoever through culpable negli[658]*658gence, or a reckless disregard for the safety of others inflicts any personal injury or injuries upon another, not resulting in death, shall be guilty of a misdemeanor of the first degree, * * * ”

There was no allegation of negligence on the part of the defendant. There was no allegation that he inflicted personal injury to another, and this conviction and adjudication must be reversed. See: Murray v. State, Fla.App.1976, 328 So.2d 501. Therefore, this cause is returned to the trial court with directions to discharge the defendant.

Reversed and remanded, with directions.

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PER CURIAM.

The appellant was, by information, charged with an assault to commit murder. He was tried and found guilty of culpable negligence. Upon the rendition of the jury verdict, the trial court adjudicated the defendant guilty and sentenced him to the maximum term allowed. This appeal ensued.

The appellant contends that culpable negligence is not a lesser included offense to the crime upon which he was informed against. The culpable negligence statute, at the relevant time, was § 784.05, Fla. Stat.,¹ which read in part as follows:

“784.05 Punishment for culpable negligence. — Whoever through culpable negli[658]*658gence, or a reckless disregard for the safety of others inflicts any personal injury or injuries upon another, not resulting in death, shall be guilty of a misdemeanor of the first degree, * * * ”

There was no allegation of negligence on the part of the defendant. There was no allegation that he inflicted personal injury to another, and this conviction and adjudication must be reversed. See: Murray v. State, Fla.App.1976, 328 So.2d 501. Therefore, this cause is returned to the trial court with directions to discharge the defendant.

Reversed and remanded, with directions.

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Bluebook (online)

334 So. 2d 657, 1976 Fla. App. LEXIS 13810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyson-v-state-fladistctapp-1976.

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