ALVIN CHARLES ROBITAILLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant was convicted on charges of rape, robbery, and a crime against nature pursuant to a jury verdict.
Appellant correctly contends that the sentence imposed upon him in connection with the charges of committing a crime against nature must be vacated and the judgment of conviction thereon reversed on authority of the Florida Supreme Court’s decision in Franklin v. State, 257 So.2d 21. The Attorney General agrees with the appellant that the conviction and sentence on that *676charge must be vacated. Accordingly, as compelled to do by the Supreme Court’s decision in Franklin, we reverse appellant’s conviction on the crime against nature charges and remand that count to the trial court for resentencing under the lesser included offense of committing an unnatural act, as did the court in Franklin.
In all other respects, the judgments appealed herein are affirmed.
SPECTOR, C. J., and CARROLL, DONALD K., and JOHNSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Paige v. State, 641 So. 2d 179 (Fla. 5th DCA 1994)…ound to be unconstitutionally vague; defendant’s conviction for a crime against nature reversed and the cause remanded with directions to enter a judgment of guilt for the lesser included offense of committing an unnatural act); Robitaille v. State, 266 So. 2d 675 (Fla. 1st DCA 1972) (since crimes against nature statute was found to be unconstitutional, the defendant’s conviction was reversed and the cause remanded with directions to enter judgment against him for the lesser offense of committing an unnatural…
Authorities Cited
- Alva Gene Franklin v. State, 257 So. 2d 21 (Fla. 1971)