Phillips v. State

Decided May 27, 1977

Decided 1977-05-27

PER CURIAM.

¶1AFFIRMED.

DOWNEY, J., and GREEN, OLIVER L., Associate Judgé, concur.ALDERMAN, J., dissents, with opinion.ALDERMAN, Judge,

¶2dissenting:

¶3In my opinion the evidence in this case is sufficient only to support a conviction under Section 794.011(5), Florida Statutes (1974 Supplement to Florida Statutes 1973). I would remand with instructions that the defendant be sentenced for a felony of the second degree.