From Casetext: Smarter Legal Research

Vina v. State

Supreme Court of Florida
Jul 26, 1972
265 So. 2d 367 (Fla. 1972)

Opinion

No. 41811.

July 26, 1972.

Appeal from Criminal Court of Record, Polk County; Thomas M. Langston, Judge.

Robert E. Pyle, Lake Alfred, for appellant.

Robert L. Shevin, Atty. Gen., Michael M. Corin, Asst. Atty. Gen., for appellee.


Appellant was convicted and sentenced to a term of years in prison for violating Fla. Stat. § 800.01, F.S.A., the "Crime Against Nature" statute. He unsuccessfully challenged the constitutionality of the statute below. During the pendency of his direct appeal here, this Court declared the above statute unconstitutional. Franklin v. State and Joyce v. State, 257 So.2d 21 (Fla. 1971).

Under the evidence in this case, the conduct denounced in Fla. Stat. § 800.02, F.S.A., is a lesser included offense. Therefore, the judgment and sentence lodged against appellant are reversed, and the cause is remanded for disposition not inconsistent with our decision in Franklin v. State and Joyce v. State, supra. See also Morris v. State, 261 So.2d 563 (2nd D.C.A.Fla. 1972).

It is so ordered.

CARLTON, Acting C.J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.


Summaries of

Vina v. State

Supreme Court of Florida
Jul 26, 1972
265 So. 2d 367 (Fla. 1972)
Case details for

Vina v. State

Case Details

Full title:HENRY VINA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:Supreme Court of Florida

Date published: Jul 26, 1972

Citations

265 So. 2d 367 (Fla. 1972)