Hutley v. State

Full title: LARRY MAJOR HUTLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 28, 1988

531 So. 2d 253 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-0083.

September 28, 1988.

Appeal from the Circuit Court for Palm Beach County; Robert V. Parker, Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

The defendant was convicted of attempted robbery and two counts of simple assault. We reverse the latter two convictions.

Under the facts here presented, the two counts of simple assault are lesser included offenses of robbery. See Richardson v. State, 523 So.2d 746, 747 (Fla. 5th DCA 1988).

AFFIRMED IN PART, REVERSED IN PART.

ANSTEAD and WALDEN, JJ., concur.