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Mills v. State

District Court of Appeal of Florida, Third District
Jun 30, 1992
599 So. 2d 1055 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1068.

June 30, 1992.

An Appeal from the Circuit Court for Dade County; Jeffrey Rosinek, Judge.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and GODERICH, JJ.


Where a jury agreed by its verdict that the defendant burglarized an unoccupied residence, but could not decide unanimously whether a firearm was taken during the burglary, it was error, as the State concedes, to convict and sentence him for armed burglary. A verdict which does not find everything that is necessary to enable the court to render a judgment cannot support the judgment. Streeter v. State, 416 So.2d 1203 (Fla. 3d DCA 1982).

Reversed in part and remanded with instructions to reduce the conviction for armed burglary, a first-degree felony, to second-degree felony burglary.


Summaries of

Mills v. State

District Court of Appeal of Florida, Third District
Jun 30, 1992
599 So. 2d 1055 (Fla. Dist. Ct. App. 1992)
Case details for

Mills v. State

Case Details

Full title:ERIC DEMONT MILLS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 30, 1992

Citations

599 So. 2d 1055 (Fla. Dist. Ct. App. 1992)