CHARLES EDWARD ADAMS, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CHARLES EDWARD ADAMS, JR., APPELLANT,
THE STATE OF FLORIDA, APPELLEE
263 So. 2d 267
Florida District Court of Appeal, Third District (1972)
Caution
Cited by 6 cases
Opinion of the Court
This is an appeal by the defendant below from- a judgment by which he was convicted of the offenses of attempting to break and enter a building with intent to commit a misdemeanor, to-wit: petit larceny, and of possession of burglary tools, upon which sentences of two and one half years’ imprisonment were imposed, with credit for jail time served, with provision for the sentences to run consecutively. The several contentions of error submitted by the appellant have been considered in the light of the record, briefs and argument, and are found and held to be without merit. No reversible error having been shown, the judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Malczewski v. State, 444 So. 2d 1096 (Fla. 2d DCA 1984)…ictim or plaintiff must suffer an actual harmful or uncon-sented contact which is caused by the criminal defendant or tort-feasor. Goswick v. State, 143 So. 2d 817 (Fla.1962); Chorak v. Naughton, 409 So. 2d 35 (Fla. 2d DCA 1981); Rodriguez v. State, 263 So. 2d 267 (Fla. 3d DCA 1972). The state responds that the accusatory pleading establishes a harmful or offensive contact, stressing that it is a general proposition of criminal law that a battery may be against something carried by the victim. See 6A C.J.S. A…
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Onelio G. Garcia, Jr. v. State, 594 So. 2d 806 (Fla. 1st DCA 1992)…lements of assault [§ 784.011, Fla.Stat. (1989)] and the elements of battery [§ 784.03, Fla.Stat. (1989) ] are distinctly different, and assault is not a necessarily lesser included offense subsumed in the offense of battery. See Rodriguez v. State, 263 So. 2d 267 (Fla. 3d DCA), cert. denied, 267 So. 2d 330 (Fla.1972). Cf. Nelson v. State, 157 So. 2d 96 (Fla. 3d DCA 1963), cert. denied, 165 So. 2d 178 (Fla.1964), disapproved in State v. White, 324 So. 2d 630 (Fla.1975). The facts in this case support Garcia’s…
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State v. Rodriguez, 267 So. 2d 330 (Fla. 1972)…Certiorari denied. 263 So. 2d 267. ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.…