Frederick v. State
| Decision Date | 27 June 1985 |
| Docket Number | 65979,No. 65534,65534 |
| Citation | 10 Fla. L. Weekly 348,472 So.2d 463 |
| Parties | 10 Fla. L. Weekly 348 William FREDERICK, Petitioner, v. STATE of Florida, Respondent. (Two Cases) |
| Court | Florida Supreme Court |
Two Consolidated Applications for Review of the Decision of the District Court
of Appeal--Certified Direct Conflict and Direct Conflict of Decisions, Fifth District--Case Nos. 83-1432 & 83-1431.
James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.
Jim Smith, Atty. Gen. and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for respondent.
We review two decisions of the Fifth District Court of Appeal, Frederick v. State, 459 So.2d 326 (Fla. 5th DCA 1984), and Frederick v. State, 451 So.2d 1066 (Fla. 5th DCA 1984), which expressly and directly conflict with T.L.J. v. State, 449 So.2d 1008 (Fla. 2d DCA 1984), quashed, 464 So.2d 1196 (Fla.1985); and Bennett v. State, 438 So.2d 1034 (Fla. 2d DCA 1983). We have jurisdiction. Art. V, § 3(b)(3), Florida Constitution.
Based on our decision in L.S. v. State, 464 So.2d 1195 (Fla.1985), we approve the decisions of the district court.
It is so ordered.
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Graham v. State
...of intent to commit an offense, whether or not the offense is specified. L.S. v. State, 464 So.2d 1195 (Fla.1985); Frederick v. State, 472 So.2d 463 (Fla.1985). Where, however, the prosecution is for attempted burglary, the state is precluded from reliance on section 810.07 by the express t......