Vina v. State
This text of 265 So. 2d 367 (Vina v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant was convicted and sentenced to a term of years in prison for violating Fla.Stat. § 800.01, F.S.A., the “Crime Against Nature” statute. He unsuccessfully challenged the constitutionality of the statute below. During the pendency of his direct appeal here, this Court declared the above statute unconstitutional. Franklin v. State and Joyce v. State, 257 So.2d 21 (Fla.1971).
Under the evidence in this case, the conduct denounced in Fla.Stat. § 800.02, F.S.A., is a lesser included offense. Therefore, the judgment and sentence lodged against appellant are reversed, and the cause is remanded for disposition not inconsistent with our decision in Franklin v. State and Joyce v. State, supra. See also Morris v. State, 261 So.2d 563 (2nd D.C.A.Fla.1972).
It is so ordered.
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Cite This Page — Counsel Stack
265 So. 2d 367, 1972 Fla. LEXIS 3521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vina-v-state-fla-1972.