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MILLS v. STATE

No. 91-1068.

599 So.2d 1055 (1992)

Eric Demont MILLS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 30, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and GODERICH, JJ.

PER CURIAM.

Where a jury agreed by its verdict that the defendant burglarized an unoccupied residence, but could not decide unanimously whether a firearm was taken during the burglary, it was error, as the State concedes, to convict and sentence him for armed burglary. A verdict which does not find everything that is necessary to enable the court to render a judgment cannot support the judgment. Streeter v. State, 416 So.2d 1203...

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