Supreme Court of Florida
State of Florida v. Franklin, SC04-1523
The decision upon review is quashed and remanded for reconsideration in light of the decision Sanders v. State, 944 So. 2d 203, 204 (Fla. 2006), which clarified that prior case law does not require that a lesser included offense be lesser both in degree and in penalty than the main offense or next greater offense.
Appellate Information
- Decided 04/19/2007
- Published 04/19/2007
Judges
Court
- Supreme Court of Florida