Mays v. State

Full title: JIMMY MAYS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 15, 1984

450 So. 2d 299 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-831.

May 15, 1984.

Appeal from the Circuit Court, Dade County, Edward N. Moore, J.

Bennett H. Brummer, Public Defender, and Ken Lange, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and William P. Thomas, Asst. Atty. Gen., for appellee.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

OPINION ON REHEARING

PER CURIAM.

We affirm Mays' conviction for the crime of third degree murder. We reverse, however, Mays' conviction for the crime of grand theft because that crime was a predicate supporting the murder conviction. See Bell v. State, 437 So.2d 1057 (Fla. 1983); Boivin v. State, 436 So.2d 1074 (Fla. 3d DCA 1983), review granted, No. 64,368 (Fla. Mar. 30, 1984). We reverse the reservation of jurisdiction over the sentence on the authority of Pope v. State, 441 So.2d 1073 (Fla. 1983), and Owen v. State, 441 So.2d 1111 (Fla. 3d DCA 1983).

Affirmed in part; reversed in part.