From Casetext: Smarter Legal Research

Griffin v. State

District Court of Appeal of Florida, Second District
Jul 21, 1976
335 So. 2d 348 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-341.

July 21, 1976.

Appeal from the Circuit Court, Polk County, William K. Love, J.

James A. Gardner, Public Defender, Sarasota, and William A. Dooley, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


Appellant was indicted for second-degree murder and charged by information with robbery and auto theft. After trial the jury found the appellant guilty of manslaughter, robbery and auto theft. In this timely appeal appellant contends that the verdicts of manslaughter and robbery are inconsistent with one another, and therefore the sentence for robbery must be set aside and vacated.

This precise issue was recently resolved adversely to appellant's contention by the Supreme Court of Florida in McCloud v. State, Fla. 1976, 335 So.2d 257. The supreme court in the cited case recognized that the guilty verdicts for manslaughter and robbery were inconsistent, nevertheless the convictions were affirmed.

The second point on appeal is without merit.

AFFIRMED.

McNULTY, C.J., and HOBSON and BOARDMAN, JJ., concur.


Summaries of

Griffin v. State

District Court of Appeal of Florida, Second District
Jul 21, 1976
335 So. 2d 348 (Fla. Dist. Ct. App. 1976)
Case details for

Griffin v. State

Case Details

Full title:LARRY GRIFFIN, A/K/A LARRY GENE GRIFFIN, APPELLANT, v. STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Second District

Date published: Jul 21, 1976

Citations

335 So. 2d 348 (Fla. Dist. Ct. App. 1976)

Citing Cases

Harris v. State

PER CURIAM. Affirmed. McCloud v. State, 335 So.2d 257 (Fla. 1976); Corbo v. State, 347 So.2d 133 (Fla.3d…