CHARLES PRIESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant cannot be convicted of a crime with which they were not charged, even if it is a lesser included offense.
Appellant was charged with breaking and entering a building with intent to commit grand larceny. The jury found him guilty of grand larceny, but acqui…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Grand Larceny cases and more on FLexlaw
OWEN, Chief Judge.
Appellant was charged under F.S. Section 810.02, F.S.A., with the crime of breaking and entering a building with intent to commit a felony therein, to-wit: grand larceny. The jury returned its verdict finding him guilty of grand larceny, for which offense appellant was adjudged guilty and sentenced.
On this appeal the sole point raised by appellant is that the evidence is insufficient to sustain a finding that the value of the property stolen was $100.00 or more, essential for a conviction of grand larceny under F.S. Section 811.021(2), F.S.A. Upon an examination of the record, we conclude that the evidence was sufficient in this respect.
Appellant does not argue the matter, but we take note of the fact as fundamental error that he has been convicted of a crime with which he was not charged, and which is neither a lesser included offense, nor a lesser degree, of the crime charged. Appellant was charged with burglary, i. e., breaking and entering with intent to commit a felony, to-wit: grand larceny. He was convicted of larceny which is a separate and distinct offense and not a lesser included offense of the crime charged. State v. Conrad, Fla.App.1971, 243 So. 2d 174. On an identical factual situation the Second District Court of Appeal similarly held in the case of Ashley v. State of Florida, 292 So. 2d 616, opinion filed April 3, 1974.
The jury’s verdict acquitted him of burglary. The judgment is reversed with directions that appellant be discharged from the crime charged in the information.
Reversed.
WALDEN and CROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
RAY v. State, 403 So. 2d 956 (Fla. 1981)…ions on lesser included offenses as fundamental error regardless of the defendant’s failure to object.4 The Fourth District Court of Appeal reached the same conclusion in Falstreau v. State, 326 So. 2d 194 (Fla. 4th DCA 1976), and Priester v. State, 294 So. 2d 421 (Fla. 4th DCA 1974). All of these cases speak of fundamental error; in other eases, erroneous lesser included instructions have been found to be reversible, but not fundamental, error. See Smith v. State, 365 So. 2d 405 (Fla.3d DCA 1978); Hicks v. S…
-
State v. DYE, 346 So. 2d 538 (Fla. 1977)…2d 535 (Fla.1st DCA 1975); Haley v. State, 315 So. 2d 525 (Fla.2d DCA 1975); Rodgers v. State, 325 So. 2d 48 (Fla.2d DCA 1975); Causey v. State, 307 So. 2d 197 (Fla.2d DCA 1975); Ashley v. State, 292 So. 2d 616 (Fla.2d DCA 1974); Priester v. State, 294 So. 2d 421 (Fla.4th DCA 1974). In the instant case, the information is defective because it does not allege that “the offender defied an order to leave, communicated to him by an authorized person.” Not only does it fail to state that a person with requisite a…
-
Corn v. State, 332 So. 2d 4 (Fla. 1976)…Dist. 1975). See Long v. State, 92 So. 2d 259 (Fla. 1957); Smith v. State, 324 So. 2d 699 (Fla.App.1st Dist. 1976); Rodgers v. State, 325 So. 2d 48 (Fla.App.2d Dist. 1975); Causey v. State, 307 So. 2d 197 (Fla.App.2d Dist. 1975); Priester v. State, 294 So. 2d 421 (Fla.App.4th Dist. 1974); Ashley v. State, 292 So. 2d 616 (Fla.App.2d Dist. 1974). The majority states, “It appears, however, that the judgment of the lower court failed to expressly adjudicate that appellant was guilty of the crime charged.” I agr…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Conrad, 243 So. 2d 174 (Fla. 4th DCA 1971)
- Ashley v. State, 292 So. 2d 616 (Fla. 2d DCA 1974)