Davis v. State

McDONALD, Justice.

We accepted review of Davis v. State, 567 So.2d 25 (Fla. 2d DCA 1990), because of asserted conflict with Penny v. State, 140 Fla. 155,191 So. 190 (1939). Davis also conflicts with our decision in Gould v. State, 577 So.2d 1302 (Fla.1991). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash Davis.

The question involved is whether a person charged under subsection 794.011(4)(a), Florida Statutes (1985), and improperly convicted thereunder is subject to a conviction under subsection 794.011(5) when the accusatory pleadings do not cover all the…