Summary
In Fain v. State, 936 So. 2d 785 (Fla. 4th DCA 2006), we held that Appellant was improperly adjudicated guilty of both Counts 1 and 3, and we reversed and remanded for the trial court to vacate either count.
Summary of this case from Fain v. StateOpinion
No. 4D05-2694.
September 6, 2006.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562002CF003867A.
Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
As the state concedes, appellant was improperly adjudicated guilty of both attempted first degree murder and attempted felony murder. See Jackson v. State, 868 So.2d 1290 (Fla. 4th DCA 2004). We reverse the judgment and remand to the circuit court to vacate one of the convictions. See Deangelo v. State, 863 So.2d 374 (Fla. 1st DCA 2003).
WARNER, KLEIN and GROSS, JJ., concur.