Bowen v. State

Full title: ERIC KEITH BOWEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 16, 1986

491 So. 2d 331 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2644.

July 16, 1986.

Appeal from the Circuit Court, Broward County, Mark A. Speiser, J.

Richard L. Jorandby, Public Defender, Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

The defendant argues that the trial court erred in adjudicating him guilty of trespass of an occupied conveyance pursuant to section 810.08(2)(b), Florida Statutes (1985). We agree.

The jury was only instructed as to, and in fact only convicted him of, the offense of trespass of a conveyance pursuant to section 810.08(2)(a), which is a lesser-included offense of trespass of an occupied conveyance. See Bradley v. State, 378 So.2d 870 (Fla. 2d DCA 1978). As a result, the trial court erred in adjudicating the defendant guilty of the more serious offense. See Miller v. State, 467 So.2d 1084 (Fla. 2d DCA 1985).

Accordingly, we remand this cause for the trial court to correct its judgment and adjudicate and sentence the defendant of trespass pursuant to section 810.08(2)(a).

REMANDED IN ACCORDANCE HEREWITH.

HERSEY, C.J., and WALDEN, J., concur.