Clark v. State

Full title: MELVIN T. CLARK, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Sep 16, 1976

337 So. 2d 798 (Fla. 1976)

Opinion

No. 48088.

September 16, 1976.

Writ of Certiorari to the District Court of Appeal, Fourth District.

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, for petitioner.

Robert L. Shevin, Atty. Gen., and C. Marie Bernard, Asst. Atty. Gen., for respondent.

BY THE COURT.

The decision of the Fourth District Court of Appeal reported at 318 So.2d 487, affirming petitioner's conviction of aggravated assault, is reversed. State v. White, 324 So.2d 630 (Fla. 1975). On the authority of Section 924.34, Fla. Stat. (1973), this cause is remanded with instructions to direct the trial court to enter conviction and sentence for the lesser included offense of attempt to commit aggravated assault,¹ which the evidence establishes.

1 Sections 776.04(3) and 784.04, Fla. Stat. (1973).

It is so ordered.

ROBERTS, Acting C.J., and ADKINS, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.