JONES v. STATE

No. 84-2024.

492 So.2d 1124 (1986)

Daniel JONES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 5, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Jacki B. Geartner, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.


FERGUSON, Judge.

Appellant's point on appeal, as may be stated otherwise, is that he should be acquitted because the jury found him guilty of an attempt to commit a burglary whereas the proof showed that he had clearly completed the offense.

Central to the technical argument is Florida Rule of Criminal Procedure 3.510(a) which provides:

Upon an indictment or information upon which the defendant is to be tried for any offense the jury may convict the...

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