Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided August 25, 1999No. 99-887PublishedCited by 9 opinions

1Opinion of the Court

741 So.2d 579 (1999)

Datoral SMITH, Appellant,

v.

The STATE of Florida, Appellee.

No. 99-887.

District Court of Appeal of Florida, Third District.

August 25, 1999.

Datoral Smith, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.

2Per curiam

The defendant contends, and the State properly concedes, that the conviction for count one, home invasion robbery should be vacated as it is subsumed by the greater offense of burglary with an assault. Bowers v. State, 679 So.2d 340, 341 (Fla. 1st DCA 1996). The State also concedes that one of the two…

3Cases cited5 opinions

  1. Forbert v. StateSupreme Court of Florida · 1983
  2. Skidmore v. StateDistrict Court of Appeal of Florida · 1997
  3. Bowers v. StateDistrict Court of Appeal of Florida · 1996
  4. Hingson v. StateDistrict Court of Appeal of Florida · 1989
  5. De Jesus v. StateDistrict Court of Appeal of Florida · 1996

4Cited by9 opinions

  1. Braggs v. StateDistrict Court of Appeal of Florida · 2001
  2. Banks v. StateSupreme Court of Florida · 2004
  3. Tuttle v. StateDistrict Court of Appeal of Florida · 2014
  4. Coleman v. StateDistrict Court of Appeal of Florida · 2007
  5. Barboza v. StateDistrict Court of Appeal of Florida · 2001

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