MICHAEL RAYMOND MORRISSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL RAYMOND MORRISSEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
451 So. 2d 526
Florida District Court of Appeal, Fourth District (1984)
Caution
Cited by 1 case
Opinion of the Court
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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Citator
Cited By
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Demick v. State, 451 So. 2d 526 (Fla. 4th DCA 1984)…PER CURIAM. Appellant has raised several issues which are identical to those raised in the companion case of Morrissey v. State, 451 So. 2d 526, which decision is issued simultaneously herewith. We resolve those issues in accord with the opinion in Morrissey. However, appellant has also raised a claim that he was entitled to a mistrial when the prosecutor stated in closing argument that the…
Authorities Cited
- Bell v. State, 437 So. 2d 1057 (Fla. 1983)
- Ervin McCRAY v. State, 416 So. 2d 804 (Fla. 1982)