ERIC KEITH BOWEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LETTS, Judge.
The defendant argues that the trial court erred in adjudicating him guilty of trespass of an occupied conveyance pursuant to section 810.08(2)(b), Florida Statutes (1985). We agree.
The jury was only instructed as to, and in fact only convicted him of, the offense of trespass of a conveyance pursuant to section 810.08(2)(a), which is a lesser-included offense of trespass of an occupied convey-
anee. See Bradley v. State, 378 So. 2d 870 (Fla. 2d DCA 1978). As a result, the trial court erred in adjudicating the defendant guilty of the more serious offense. See Miller v. State, 467 So. 2d 1084 (Fla. 2d DCA 1985).
Accordingly, we remand this cause for the trial court to correct its judgment and adjudicate and sentence the defendant of trespass pursuant to section 810.08(2)(a).
REMANDED IN ACCORDANCE HEREWITH.
HERSEY, C.J., and WALDEN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 511 So. 2d 1017 (Fla. 2d DCA 1987)…ing. It is a well established rule of law that the judgment of the trial court must conform to the jury’s verdict. Starkes v. State, 438 So. 2d 1004 (Fla. 2d DCA 1983); Hicks v. State, 411 So. 2d 1025 (Fla. 2d DCA 1982). Moreover, in Bowen v. State, 491 So. 2d 331 (Fla. 4th DCA 1986), the court held that the trial court erred in adjudicating the defendant guilty of trespass of an occupied conveyance when the jury was only instructed on the lesser offense of trespass of a conveyance. Here, as in Bowen, the tri…
Authorities Cited
- Bradley v. State, 378 So. 2d 870 (Fla. 2d DCA 1979)
- Miller v. State, 467 So. 2d 1084 (Fla. 2d DCA 1985)