Hidalgo v. State

Full title: RICHARD ROY HIDALGO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 2, 1968

208 So. 2d 629 (Fla. Dist. Ct. App. 1968)

Opinion

No. 66-769.

April 2, 1968.

Appeal from the Criminal Court of Record, Dade County, Edward S. Klein, J.

Robert L. Koeppel, Public Defender, Phillip A. Hubbart and Marvin J. Emory, Jr., Asst. Public Defenders, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

The record of appellant's conviction fails to support the judgment and sentence because of the State's failure to prove an essential element of the crime charged. See § 811.20 Fla. Stat. (1965), F.S.A. The State, in its brief and upon oral argument, recognizes the fatal deficiency. Therefore, the judgment and sentence must be reversed upon authority of the law as established in Lasher v. State, 80 Fla. 712, 86 So. 689 (1920); Farrior v. State, Fla. 1954, 76 So.2d 148; Johnson v. State, Fla.App. 1958, 102 So.2d 412; Patterson v. State, Fla.App. 1964, 167 So.2d 766.

Reversed, with directions to discharge appellant.