Public-domain · open source
OpenJurist

287 So. 2d 404

Smith v. State

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 January 1975

5 state decisions

Relies on 110 So. 2d 654 - Williams v. State · 285 So. 2d 12 - Cone v. State · 277 So. 2d 13 - Dean v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-01-04

View the full empirical analysis of this case →

HOBSON, Judge.

¶1Appellant was convicted and sentenced to life imprisonment on a charge of robbery, and to five years on the charge of person engaged in criminal offense, having weapon, the sentences to run concurrently.

¶2We affirm the judgments on authority of Williams v. State, Fla.1959, 110 So.2d 654; Dean v. State, Fla.1973, 277 So.2d 13; and Reams v. State, Fla.1973, 279 So. 2d 839.

¶3Although not raised on appeal, we conclude that the trial court erred in imposing upon appellant two separate sentences for the two crimes which the record reveals were facets of the same criminal act, since the only valid sentence that could have been entered was for the highest offense. Cone v. State, Fla.1973, 285 So.2d 12.

¶4The sentence on the lesser offense is vacated, and the judgment is

¶5Affirmed as modified.

MANN, C. J., and BOARDMAN, J., concur.
/287/so2d/404 · .json · Public domain