State v. Hudson

OVERTON, Justice.

This is a petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, which has been certified to us as a decision passing on the following question of great public interest:

IS PETIT LARCENY NECESSARILY A LESSER INCLUDED OFFENSE OF GRAND LARCENY?1

We answer the question in the negative and find that petit larceny may or may not be included in the offense charged depending on the accusatory pleading and the evidence. This is a category four lesser included offense under Brown v. State, 206 So.2d 377, 383 (Fla.1968).

Subsequent to the…