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303 So. 2d 34

Fayerweather v. State

District Court of Appeal of Florida

Decided November 19, 1974

District Court of Appeal of Florida · decided 1974-11-19

Cited by 3 later decisions — most recently April 1976

3 state decisions

Relies on 267 So. 2d 699 - Lore v. State · Strada v. State · 257 So. 2d 92 - State v. McCurdy

Good law ✅— No negative treatment on recordhow we know

Decided 1974-11-19

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PER CURIAM.

¶1The issue presented by this appeal is whether the trial court erred in charging and sentencing the appellant under § 811.-16, Fla.Stat., rather than under § 817.67 (1), Fla.Stat. The appellant’s contention is that he should have been charged and sentenced under the latter statute. The appellant has cited Lore v. State, Fla.App. 1972, 267 So.2d 699 and Strada v. State, Fla.App. 1972, 267 So.2d 702 in support of this proposition.

¶2We think, however, that the better reasoning appears in State v. McCurdy, Fla.App.1972, 257 So.2d 92 and McConnell v. State, Fla.App. 1974, 298 So.2d 550, and we affirm upon the authority of the views therein expressed.

¶3Affirmed.

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