Taylor v. State, X--392
| Decision Date | 08 April 1976 |
| Docket Number | No. X--392,X--392 |
| Citation | 330 So.2d 44 |
| Parties | Woody Floyd TAYLOR, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.
Appellant was found guilty by jury and adjudicated guilty of seven crimes--two counts of grand larceny, two counts of using a firearm while committing or attempting to commit a felony, two counts of robbery and one count of sexual battery. He was sentenced only on the two counts of robbery and the one count of sexual battery. The two counts of grand larceny were lesser included offenses of the two counts of robbery. It was error for the trial judge to adjudicate appellant guilty of the two lesser included offenses (grand larceny) as they were a part of the higher robbery offenses for which appellant had been convicted. The judgments as to the grand larceny offenses are reversed and the judgments and sentences as to the remaining offenses are affirmed.
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Hegstrom v. State
...2dDCA 1975) (setting aside the judgment). Only Kimbrough v. State, 356 So.2d 1294 (Fla. 4thDCA 1978), and, to a lesser extent, Taylor v. State, 330 So.2d 44 (Fla. 1stDCA 1976), openly addressed the validity vel non of the judgment and concluded that the judgment could not stand.While the Un......
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McClendon v. State, LL-412
...206 So.2d 377, 383 (Fla.1968), the court held that larceny is necessarily included in the crime of robbery. See also Taylor v. State, 330 So.2d 44 (Fla. 1st DCA 1976). Although the state's information charged that only money was taken during the Miller robbery, the evidence showed that the ......
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Kimbrough v. State, 76-1511
...with a firearm, were vacated and set aside where the defendant was also convicted of robbery. Similarly, it was held in Taylor v. State, 330 So.2d 44 (Fla. 1st DCA 1976), that the trial court erred in adjudicating defendant guilty of two lesser included offenses of grand larceny which were ......
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Ballew v. State, X--402
... ... PER CURIAM ... Disposition of this appeal is governed by our opinion on the appeal of a codefendant--Taylor v. State, Fla.App.1st, 330 So.2d 44 (1976), and we, therefore, make the same disposition. The judgments as to the grand larceny offenses are ... ...