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322 So. 2d 480

Docket No. 46123.

State v. Kirkland

STATE of Florida, Petitioner, v. Charles Edward KIRKLAND and James Robert Luke, Respondents.

Supreme Court of Florida

Decided November 5, 1975.

Supreme Court of Florida · decided 1975-11-05

Relies on 313 So. 2d 692 - Estevez v. State · 322 So. 2d 477 - Jenkins v. Wainwright · 72 So. 2d 386 - Steele v. Mayo

Good law ✅— No negative treatment on recordhow we know

Decided 1975-11-05

How this case has been cited

Cited by 6 later decisions — most recently June 1992

6 state decisions

40197519801990decided

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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¶1Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for petitioner, cross-respondent.

¶2Richard W. Ervin, III, Public Defender, for respondents, cross-petitioners.

¶3OVERTON, Justice.

¶4This is before us on petition for writ of certiorari to the First District Court of Appeal to review its decision reported at 299 So.2d 54 (Fla.App. 1st 1974). Conflict exists with our decisions in Steele v. Mayo,72 So.2d 386 (Fla. 1954); Estevez v. State,313 So.2d 692 (Fla. 1975); and Jenkins v. Wainwright,322 So.2d 477 (Fla. 1975). We have jurisdiction.[1]

¶5The respondent was convicted of the following offenses arising from the same incident: (1) breaking and entering with intent to commit grand larceny; (2) petit larceny; and (3) possession of burglary tools. The First District concluded that the second and third offenses were but facets of the first, and vacated the sentences for those offenses through the application of the so-called single transaction rule.

¶6*481 We reverse. Our decisions in Steele v. Mayo, supra, Estevez v. State, supra, and Jenkins v. Wainwright, supra, dispose of all issues.

¶7This cause is remanded to the First District Court of Appeal with directions to reinstate the sentences which it vacated.

¶8It is so ordered.

¶9ADKINS, C.J., ROBERTS and ENGLAND, JJ., and SIEGENDORF, Circuit Judge, concur.

NOTES

¶10[1] Art. V, § 3(b)(3), Fla. Const. (1972).

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