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287 So. 2d 336

Docket No. 72-736.

Baggett v. State

Michael A. BAGGETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 4, 1974.

District Court of Appeal of Florida · decided 1974-01-04

Cited by 5 later decisions — most recently February 1975

5 state decisions

Relies on 285 So. 2d 12 - Cone v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-01-04

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¶1James A. Gardner, Public Defender, and Elliott C. Metcalfe, Jr., Asst. Public Defender, Bradenton, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.

¶3HOBSON, Judge.

¶4Appellant was convicted, adjudged guilty, and sentenced to seven years imprisonment on a charge of breaking and entering with intent to commit a felony, and to five years on a charge of grand larceny, to run consecutively.

¶5Upon a review of the briefs and record on appeal, we are of the opinion that the evidence was sufficient to sustain a conviction.

¶6Although not raised on appeal, we conclude that in light of the facts and circumstances of this case the trial court erred in imposing upon appellant two separate sentences on two crimes which were facets of the same transaction, since the only valid sentence that could have been entered was for the highest offense. Cone v. State, Fla. 1973, 285 So.2d 12.

¶7The case is remanded for the purpose of vacating the sentence as to grand larceny and resentencing appellant on the judgment for breaking and entering.

¶8Remanded with directions.

¶9MANN, C.J., and GRIMES, J., concur.

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