No. 74-235 | Fla. Dist. Ct. App. | Nov 19, 1974
The issue presented by this appeal is whether the trial court erred in charging and sentencing the appellant under § 811.-16, Fla.Stat., rather than under § 817.67 (1), Fla.Stat. The appellant’s contention is that he should have been charged and sentenced under the latter statute. The appellant has cited Lore v. State, Fla.App. 1972, 267 So. 2d 699" date_filed="1972-10-18" court="Fla. Dist. Ct. App." case_name="Lore v. State">267 So.2d 699 and Strada v. State, Fla.App. 1972, 267 So. 2d 702" date_filed="1972-10-18" court="Fla. Dist. Ct. App." case_name="Strada v. State">267 So.2d 702 in support of this proposition.
We think, however, that the better reasoning appears in State v. McCurdy, Fla.App.1972, 257 So. 2d 92" date_filed="1972-01-21" court="Fla. Dist. Ct. App." case_name="State v. McCurdy">257 So.2d 92 and McConnell v. State, Fla.App. 1974, 298 So. 2d 550" date_filed="1974-08-09" court="Fla. Dist. Ct. App." case_name="McConnell v. State">298 So.2d 550, and we affirm upon the authority of the views therein expressed.
Affirmed.