State v. Franklin

955 So.2d 564 (2007)

STATE of Florida, Petitioner,

v.

Kelvin FRANKLIN, Respondent.

No. SC04-1523.

Supreme Court of Florida.

April 19, 2007.

Bill McCollum, Attorney General, Tallahassee, FL, Celia A. Terenzio, Bureau Chief and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, FL, for Petitioner.

Evelyn A. Ziegler, West Palm Beach, FL, for Respondent.

We have for review Franklin v. State, 877 So.2d 19, 20 (Fla. 4th DCA 2004), in which the Fourth District Court of Appeal cited this Court's decision in Ray v. State, 403 So.2d 956 (Fla.1981), for the proposition that "a lesser included…