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King v. State

District Court of Appeal of Florida, Fourth District
Apr 18, 1972
267 So. 2d 351 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-382.

April 18, 1972.

Appeal from the Court of Record for Broward County, Wm. Clayton Johnson, J.

Walter N. Colbath, Jr., Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., Tallahassee, for appellee.


The appellant was informed against upon a charge of robbery but was convicted and sentenced of conspiracy to commit robbery. The appellant urges that conspiracy to commit robbery is not an offense included under a charge of robbery and therefore his conviction was void. Kinchen v. State, Fla.App. 1970, 235 So.2d 749; Robinson v. Cochran, Fla. 1961, 133 So.2d 310; see also Brown v. State, Fla. 1968, 206 So.2d 377.

We concur, and accordingly the conviction and sentence here under review are reversed with directions to discharge the appellant from custody. However, this reversal is without prejudice to the State to proceed with further action not inconsistent herewith. Kinchen v. State, supra; Mackey v. State, Fla.App. 1969, 223 So.2d 380.

Reversed.

REED, C.J., and OWEN and MAGER, JJ., concur.


Summaries of

King v. State

District Court of Appeal of Florida, Fourth District
Apr 18, 1972
267 So. 2d 351 (Fla. Dist. Ct. App. 1972)
Case details for

King v. State

Case Details

Full title:KENNETH EARL KING, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 18, 1972

Citations

267 So. 2d 351 (Fla. Dist. Ct. App. 1972)