MELVIN T. CLARK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1976-09-16
No. 48088
ROBERTS, Acting C. J., and ADKINS, ENGLAND, SUNDBERG and HATCH-ETT, JJ., concur.
337 So. 2d 798 Florida Supreme Court (1976) Positive Treatment
Cited by 8 cases
Opinion of the Court
BY THE COURT.

The decision of the Fourth District Court of Appeal reported at 318 So. 2d 487, affirming petitioner’s conviction of aggravated assault, is reversed. State v. White, 324 So. 2d 630 (Fla.1975). On the authority of Section 924.34, Fla.Stat. (1973), this cause is remanded with instructions to direct the trial court to enter conviction and sentence for the lesser included offense of attempt to commit aggravated assault,1 which the evidence establishes.

It is so ordered.

ROBERTS, Acting C. J., and ADKINS, ENGLAND, SUNDBERG and HATCH-ETT, JJ., concur. . Sections 776.04(3) and 784.04, Fla.Stat. (1973).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Blair v. State, 384 So. 2d 685 (Fla. 4th DCA 1980)
    …probation during a portion of the sentence is reversed, vacated, and set aside, and the cause remanded with direction to enter judgment and sentence on the lesser included offense of possession of more than 5 grams of marijuana. See Clark v. State, 337 So. 2d 798 (Fla.1976). Reversed and remanded with directions. ANSTEAD, J., and BAKER, JOSEPH P., Associate Judge, concur. CROSS, SPENCER C., Associate Judge, dissents without opinion.…
  • Harlin Wayne Mitchell v. State, 407 So. 2d 343 (Fla. 4th DCA 1981)
    …these thoughts. This case quite vividly point up the reason why assault, as a criminal offense, should not include the element of putting in fear, a subject upon which this author wrote in Clark v. State, 318 So. 2d 487 (Fla. 4th DCA 1975), reversed 337 So. 2d 798 (Fla.1976). I again express the hope, as I did then, that the Legislature would revise Section 784.011, Florida Statutes, so as to eliminate the element of the putting in fear, a proper element of the civil tort of assault. Failing in this, the Legi…
  • Lopez v. State, 345 So. 2d 757 (Fla. 4th DCA 1977)
    …attery, a lesser offense necessarily included in the charge upon which the appellant went to trial, we remand this cause to the trial court with directions to enter a judgment and sentence for battery, a first degree misdemeanor. See Clark v. State, 337 So. 2d 798 (Fla.1976). REVERSED AND REMANDED, with directions. DOWNEY and ANSTEAD, JJ., and FO-GLE, HARRY W., Associate Judge, concur.…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw