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Bogard v. State

District Court of Appeal of Florida, Fourth District
Jul 11, 1984
451 So. 2d 484 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-95.

February 15, 1984. Rehearings Denied July 11, 1984.

Appeal from the Circuit Court, Broward County, Stanton S. Kaplan, J.

Ray Sandstrom of Sandstrom Haddad, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.


Larry Douglas Bogard was convicted of three criminal offenses, as follows:

Count I — Aggravated Battery.

Count II — Possession of a firearm while engaged in a felony.

Count III — Aggravated Assault.

Having considered the proofs and applied the definition of "lesser included" offenses articulated in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); in accord, Borges v. State, 415 So.2d 1265 (Fla. 1983), as well as the more recent analysis in Bell v. State, 437 So.2d 1057 (Fla. 1983), we hold that the constituent elements of Section 790.07(1), (2), Florida Statutes (1981), as charged in Count Two are sufficiently similar to those of Section 784.045(1)(b), Florida Statutes (1981), as charged in Count One, to here classify Count Two of the Information as a lesser included offense of that charged in Count One.

Accordingly, we affirm as to Counts One and Three, reverse as to Count Two, and remand with instructions to vacate both the conviction and sentence on Count Two.

Affirmed in part; reversed in part; and remanded.

ANSTEAD, C.J., and HURLEY and WALDEN, JJ., concur.


Summaries of

Bogard v. State

District Court of Appeal of Florida, Fourth District
Jul 11, 1984
451 So. 2d 484 (Fla. Dist. Ct. App. 1984)
Case details for

Bogard v. State

Case Details

Full title:LARRY DOUGLAS BOGARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 11, 1984

Citations

451 So. 2d 484 (Fla. Dist. Ct. App. 1984)

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