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599 So. 2d 1055

Mills v. State

District Court of Appeal of Florida · decided 1992-06-30

Relies on 416 So. 2d 1203 - Streeter v. State

Decided 1992-06-30

PER CURIAM.

¶1Where a jury agreed by its verdict that the defendant burglarized an unoccupied residence, but could not decide unanimously whether a firearm was taken during the burglary, it was error, as the State concedes, to convict and sentence him for armed burglary. A verdict which does not find everything that is necessary to enable the court to render a judgment cannot support the judgment. Streeter v. State, 416 So.2d 1203 (Fla. 3d DCA 1982).

¶2Reversed in part and remanded with instructions to reduce the conviction for arm*1056ed burglary, a first-degree felony, to second-degree felony burglary.

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