Hidalgo v. State

PER CURIAM.

The record of appellant’s conviction fails to support the judgment and sentence because of the State’s failure to prove an essential element of the crime charged. See § 811.20 Fla.Stat. (1965), F.S.A. The State, in its brief and upon oral argument, recognizes the fatal deficiency. Therefore, the judgment and sentence must be reversed *630upon authority of the law as established in Lasher v. State, 80 Fla. 712, 86 So. 689 (1920); Farrior v. State, Fla.1954, 76 So.2d 148; Johnson v. State, Fla.App.1958, 102 So.2d 412; Patterson v. State, Fla.App.1964, 167 So.2d 766.

Reversed, with directions to discharge appellant.