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Frazier v. State

District Court of Appeal of Florida, Second District
Apr 19, 1991
578 So. 2d 51 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-00055.

April 19, 1991.

Appeal from the Circuit Court for Hillsborough County; M. William Graybill, Judge.

Christine M. Beck, Asst. County Atty., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ivy R. Ginsberg, Asst. Atty. Gen., Miami, for appellee.


The appellant was convicted of robbery and appeals his conviction contending that there was insufficient evidence of the element of using "force, violence or assault or putting in fear." § 812.13(1), Fla. Stat. (1989). The appellee concedes the error. Therefore, we reverse the appellant's conviction and sentence for robbery and, in accordance with section 924.34, Florida Statutes, remand with directions to the trial court to adjudicate the appellant guilty of the necessarily lesser included crime of petit theft and to resentence the appellant accordingly.

SCHOONOVER, C.J., and LEHAN and DANAHY, JJ., concur.


Summaries of

Frazier v. State

District Court of Appeal of Florida, Second District
Apr 19, 1991
578 So. 2d 51 (Fla. Dist. Ct. App. 1991)
Case details for

Frazier v. State

Case Details

Full title:DAVID LEE FRAZIER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 19, 1991

Citations

578 So. 2d 51 (Fla. Dist. Ct. App. 1991)