Clark v. State
| Decision Date | 16 September 1976 |
| Docket Number | No. 48088,48088 |
| Citation | 337 So.2d 798 |
| Parties | Melvin T. CLARK, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, for petitioner.
Robert L. Shevin, Atty. Gen., and C. Marie Bernard, Asst. Atty. Gen., for respondent.
The 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.
It is so ordered.
1 Sections 776.04(3) and 784.04, Fla.Stat. (1973).
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Mitchell v. State, 80-1613
...element of putting in fear, a subject upon which this author wrote in Clark v. State, 318 So.2d 487 (Fla. 4th DCA 1975), reversed 337 So.2d 798 (Fla.1976). I again express the hope, as I did then, that the Legislature would revise Section 784.011, Florida Statutes, so as to eliminate the el......
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Lopez v. State, 76-852
...this cause to the trial court with directions to enter a judgment and sentence for battery, a first degree misdemeanor. See Clark v. State, 337 So.2d 798 (Fla.1976). REVERSED AND REMANDED, with DOWNEY and ANSTEAD, JJ., and FOGLE, HARRY W., Associate Judge, concur. ...
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Blair v. State, 78-1216
...direction to enter judgment and sentence on the lesser included offense of possession of more than 5 grams of marijuana. See Clark v. State, 337 So.2d 798 (Fla.1976). Reversed and remanded with ANSTEAD, J., and BAKER, JOSEPH P., Associate Judge, concur. CROSS, SPENCER C., Associate Judge, d......
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Cruce v. State, 76-2182
...this cause to the trial court with directions to enter a judgment and sentence for battery, a first degree misdemeanor. See Clark v. State, 337 So.2d 798 (Fla.1976). REVERSED AND REMANDED, with ANSTEAD, DAUKSCH and MOORE, JJ., concur. ...
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Physical torts
...rev. denied , 461 So.2d 116 (Fla. 1985). See Also 1. Clark v. State , 318 So.2d 487, 488 (Fla. 4th DCA 1975), reversed on other grounds , 337 So.2d 798 (Fla. 1976) (“We find the tort of assault defined as any intentional unlawful offer of corporal injury to another by force, or force unlawf......