WALLER v. STATE

No. 71-917.

270 So.2d 26 (1972)

Joseph WALLER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 3, 1973.


Attorney(s) appearing for the Case

Leslie H. Levinson, Gainesville, and Gardner W. Beckett, Jr., St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


PIERCE, Chief Judge.

This case boils down in its last analysis to a single simple issue, namely, whether an infraction of a local municipal vandalism ordinance is a necessarily-included offense within the State felony offense of grand larceny. Inherent in the Florida Courts' holdings in this case from the outset has been, and we think correctly, that it is not, and hence a conviction under the local town ordinance would not preempt the State Court from exercising...

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