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320 So. 2d 23

Drayton v. State

District Court of Appeal of Florida

Decided September 17, 1975

District Court of Appeal of Florida · decided 1975-09-17

Relies on 287 So. 2d 721 - Trousdale v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-09-17

How this case has been cited

Cited by 9 later decisions — most recently March 2012

8 state decisions

3019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BOARDMAN, Judge.

¶1The appellant, George Drayton, has failed to demonstrate reversible error with regard to his convictions for assault with intent to commit rape and breaking and entering a dwelling house with intent to commit a felony, to wit: rape and committing an assault upon a person lawfully therein.

¶2The only question before us is whether appellant’s convictions of said offenses are each a facet or phase of the same criminal transaction.

¶3The assault was an essential element of both of said charges and was committed in connection with the attempted rape. Thus, the two offenses were facets of the same criminal act. Cf. Trousdale v. State, Fla. App. 2d, 1974, 287 So.2d 721.

¶4Accordingly, the causes are remanded to the trial court to vacate the sentence imposed on the assault with intent to commit rape. The judgments are affirmed.

McNULTY, C. J., and GRIMES, J., concur.
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