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McCALL v. STATE

No. 75-1770.

341 So.2d 1038 (1977)

Odis McCALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 21, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Paul M. Herman and Craig S. Barnard, Asst. Public Defenders, and James Green, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant contends, and the state concedes, that appellant's conviction and sentence on Count III of attempted uttering of a forged instrument is void as there is no such crime. King v. State, Fla., 339 So.2d 172, opinion issued October 7, 1976.

Accordingly, the judgment and sentence on County III of the Information are vacated and as so modified the judgment and sentence appealed from are affirmed.

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