Hestor v. State, 77-893
Decision Date | 20 September 1978 |
Docket Number | No. 77-893,77-893 |
Citation | 363 So.2d 26 |
Parties | Harold HESTOR, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Ray Sandstrom of Sandstrom & Haddad, Fort Lauderdale, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant was tried on a charge of tampering with a witness in violation of Section 918.14, Florida Statutes (1975), and convicted of attempted tampering with a witness.
At the charge conference after the close of the evidence some confusion seemed to exist among the court and counsel as to the applicability of any lesser included offenses and whether an attempt charge was appropriate. The State takes the position on this appeal that appellant invited the charge on attempted tampering with a witness which the court gave, but we do not agree. The rule requiring an instruction on attempts 1 provides that the court shall charge the jury on attempts to commit the offense charged if such attempt is an offense. 2 Here the substantive crime described in Section 918.14, Florida Statutes (1975), includes by its express terms any "endeavor or attempt to induce" one to testify falsely, etc. Thus, since the elements of the crime itself include an attempt, there is no separate crime of attempted tampering with a witness. In view of the foregoing we reverse the judgment appealed from and remand the cause to the trial court with directions to discharge the appellant.
REVERSED AND REMANDED with directions to...
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Piantadosi v. State, 80-1167
...felonies). See also Milazzo v. State, 377 So.2d 1161 (Fla.1979); Miles v. State, 374 So.2d 1167 (Fla.2d DCA 1979); Hestor v. State, 363 So.2d 26 (Fla. 4th DCA 1978) (addressing other statutes which proscribe both the completed crime and the attempt, and holding that since there cannot legal......
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Brown v. State
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Carruthers v. State, 92-3173
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Gammage v. State
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