Smith v. State, Y-500.
| Decision Date | 06 January 1976 |
| Docket Number | No. Y-500.,Y-500. |
| Citation | 324 So.2d 699 |
| Parties | Forrest Eugene SMITH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, III, Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.
Appellant's sole point on appeal is:
"The lower court erred in accepting Appellant's plea of guilty and adjudging him guilty and sentencing him for the offense of grand larceny on the ground that Appellant could not be adjudged guilty and sentenced for such offense without being legally charged with the commission of the offense of grand larceny."
Appellee State, in its brief, answers as follows:
The judgment of conviction is reversed.
Reversed.
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3 cases
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Corn v. State, 46922
...Dist. 1975); Haley v. State, 315 So.2d 525 (Fla.App.2d Dist. 1975). See Long v. State, 92 So.2d 259 (Fla. 1957); Smith v. State, 324 So.2d 699 (Fla.App.1st Dist. 1976); Rodgers v. State, 325 So.2d 48 (Fla.App.2d Dist. 1975); Causey v. State, 307 So.2d 197 (Fla.App.2d Dist. 1975); Priester v......
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State v. Dye, 49579
...No essential element should be left to inference. Corn v. State, 332 So.2d 4, 12 (Fla.1976) (Hatchett, J., dissenting). Smith v. State, 324 So.2d 699 (Fla.1st DCA 1976); Evanco v. State, 318 So.2d 535 (Fla.1st DCA 1975); Haley v. State, 315 So.2d 525 (Fla.2d DCA 1975); Rodgers v. State, 325......
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Akins v. State, 96-300
...information failed to charge a crime and conviction for nonexistent offense is reversible fundamental error). See Smith v. State, 324 So.2d 699, 700 (Fla. 1st DCA 1976). In the instant case appellant was charged by indictment, and Florida cases have long held that an indictment, unlike an i......