Summary
reversing the trial court which adjudged defendant guilty of attempted murder contrary to the jury's verdict of guilty of aggravated battery, a lesser included offense of attempted murder
Summary of this case from Lewis v. StateOpinion
No. 81-1638.
March 31, 1982.
Appeal from the Circuit Court, Polk County, Clinton A. Curtis, J.
Jerry Hill, Public Defender, and Linda Alperstein, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and David T. Weisbrod, Asst. Atty. Gen., Tampa, for appellee.
After a jury trial, Levi Hicks was found guilty of disorderly conduct, resisting arrest, and aggravated battery, a lesser included offense of attempted murder. Although the jury found Hicks guilty of aggravated battery, the court adjudged him guilty of attempted murder. The law is well established that the judgment of the trial court must conform to the verdict of the jury. Thrift v. State, 295 So.2d 690 (Fla. 1st DCA 1974); State v. Puckett, 345 So.2d 829 (Fla. 1st DCA 1977). Once the jury found Hicks guilty of aggravated battery, the trial court was compelled to adjudicate him guilty and sentence him for that offense.
The cause is therefore reversed and remanded with directions to the trial court to vacate and set aside the judgment and sentence, and to enter a judgment in accordance with the jury verdict, sentence to be as provided by law.
REVERSED and REMANDED.
DANAHY and CAMPBELL, JJ., concur.