LILLIE BELL KINCHEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1970-05-26
No. 69-877
Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, JJ-
235 So. 2d 749 Florida District Court of Appeal, Third District (1970) Caution
Cited by 4 cases
Topics
Included Offense Conspiracy To Commit Bank Robbery Robbery Conspiracy

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was brought to trial upon an information charging the crime of robbery. At .the close of the case for the prosecution the trial judge denied appellant’s motion for a judgment of acquittal but reduced the charge to conspiracy to commit robbery. At the close of the testimony the judge adjudicated the appellant guilty of the charge as reduced.

Appellant urges that the conspiracy to commit robbery is not an offense included under the charge of robbery. Cf. Newkirk v. State, Fla.App. 1969, 222 So.2d 435. The state in its brief admits that it is unable to substantiate a contradictory position. We are convinced that the law has been correctly stated by the appellant. The adjudication and sentence are reversed with directions to discharge the appellant. Cf. Mackey v. State, Fla.App.1969, 223 So.2d 380.

This judgment is without prejudice to the state to proceed with a new prosecution for the crime of conspiracy to commit robbery.

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Swindle v. State, 254 So. 2d 811 (Fla. 2d DCA 1971)
    …mb. The Court charges you that if two or more persons have agreed to combine or confederate to commit any felony, that they themselves shall be guilty of the felony and shall be punished as provided by law.” [*812] In Kinchen v. State, Fla.App.1970, 235 So. 2d 749, the majority held that conspiracy to commit robbery is not an offense included under the charge of robbery; therefore, since appellant had been brought to trial upon an information charging him with the sole crime of robbery, the trial judge could…
  • King v. State, 267 So. 2d 351 (Fla. 4th DCA 1972)
    …obbery but was convicted and sentenced of conspiracy to commit robbery. The appellant urges that conspiracy to commit robbery is not an offense included under a charge of robbery and therefore his conviction was void. Finchen v. State, Fla.App.1970, 235 So. 2d 749; Robinson v. Cochran, Fla.1961, 133 So. 2d 310; see also Brown v. State, Fla. 1968, 206 So. 2d 371. We concur, and accordingly the conviction and sentence here under review are reversed with directions to discharge the appellant from custody. Howev…

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