C.D.M. v. State

Full title: C.D.M., a Child, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jun 14, 2006

931 So. 2d 225 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D05-3931.

June 14, 2006.

An appeal from the Circuit Court for Escambia County. Edward P. Nickinson, III, Judge.

Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Tracy Lee Cooper, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

REVERSED. See Ray v. State, 403 So.2d 956 (Fla. 1981) (holding it is fundamental error to convict a defendant of crime not charged, and which is not a lesser included offense of the charged crime).

KAHN, C.J., WEBSTER, and HAWKES, JJ., concur.