EDGAR LEWIS
v.
STATE OF FLORIDA
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The court held that a judgment of conviction for burglary was erroneous when the defendant was charged with and found guilty of breaking and entering with intent to commit a misdemeanor.
Appellant was charged with breaking and entering a dwelling house with intent to commit a misdemeanor (assault and battery), and the jury returned a v…
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Appellant was charged with breaking and entering a dwelling house with intent to commit a misdemeanor; to-wit, an assault and battery.
*826The. jury returned a verdict of guilty as charged.
The only question presented by this appeal is the sufficiency of the evidence. We have carefully considered the entire record and find the evidence sufficiently convincing to sustain the verdict which was also approved by the trial judge.
Of our own motion however we will consider the legality of the sentence because we will not approve a judgment which is patently erroneous. As stated above the charge was breaking and entering with intent to commit a misdemeanor. The verdict was regular in that it found guilt as charged. The judgment of conviction is, “You, Edgar Lewis, having been convicted by a jury of the crime of burglary, the court adjudges you to be guilty.”
No doubt the busy trial judge was misled by the style of “burglary” upon the information. It was misleading but wholly superfluous inasmuch as the charging part of the information was proper.
It follows that the verdict is good and the judgment is erroneous. The judgment is reversed and the cause remanded for a proper adjudication of guilt and sentence.
Reversed.
BUFORD, C. J., TERRELL and CHAPMAN, JJ., concur.
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Murrell Streeter v. State, 416 So. 2d 1203 (Fla. 3d DCA 1982)…2 (Fla.1949); Robbins v. State, 413 So. 2d 840 (Fla. 3d DCA 1982); Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981); Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973), which is subject to our review ex mero motu, Lewis v. State, 154 Fla. 825, 19 So. 2d 199 (1944), and which if patent on the record before us can be corrected on this appeal. Robbins v. State, supra; Gonzalez v. State, supra. Under the pertinent provision of Section 775.087, a determination that during the commission of the felony the d…
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Mussa C. Bateh v. State, 101 So. 2d 869 (Fla. 1st DCA 1958)…for rehearing are denied. CARROLL, DONALD K., J., and REVELS, P. B., Associate Judge, concur. . See: Dewey v. State, 135 Fla. 443, 183 So. 224. . § 924.32(1) F.S., 1955, F.S.A. See also: Rule 6.16, Florida Appellate Rules. . Sec: Lewis v. State, 154 Fla. 825, 19 So. 2d 199. . Ch. 57-284, Laws of Florida, 1957. (Filed in Office' of Secretary' of State, May 31, 1957.)…
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Perkins v. Mayo, 92 So. 2d 641 (Fla. 1957)…rged with a crime under one statute and prosecuted under another. Young v. State, 142 Fla. 361, 195 So. 569. The judgment of guilty by the trial court must conform to verdict. Holloman v. State, 140 Fla. 59, 191 So. 36; Lewis v. State, 154 Fla. 825, 19 So. 2d 199. It is not inappropriate to point out that a judgment of guilt must conform to the offense for which a plea of guilty was proffered and that one cannot plead guilty to one offense and be adjudged guilty and sentenced for another. It is next contend…
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