Public-domain · open source
OpenJurist

337 So. 2d 798

Clark v. State

Supreme Court of Florida

Decided September 16, 1976

Supreme Court of Florida · decided 1976-09-16

Cited by 4 later decisions — most recently December 1981

4 state decisions

Relies on 324 So. 2d 630 - State v. White · 318 So. 2d 487 - Clark v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-09-16

View the full empirical analysis of this case →

BY THE COURT.

¶1The 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.

¶2It is so ordered.

ROBERTS, Acting C. J., and ADKINS, ENGLAND, SUNDBERG and HATCH-ETT, JJ., concur.

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

/337/so2d/798 · .json · Public domain