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355 So. 2d 206

Brown v. State

District Court of Appeal of Florida

Decided February 22, 1978

District Court of Appeal of Florida · decided 1978-02-22

Relies on Avilia v. State · Speregen v. State

Decided 1978-02-22

BOYER, Judge.

¶1The appellant appeals his convictions and sentences on three counts of receiving and concealing stolen property. Each count of the three-count information charged that the appellant received or concealed stolen property on September 30,1976, contrary to Section 812.031(1), Florida Statutes (1975), although each count alleged different ownership of the stolen property.

¶2The evidence was sufficient to support the conviction. However, we agree that since the single transaction rule is applicable, only one judgment and one sentence may be imposed. Avilia v. State, 278 So.2d 298 (Fla. 4th DCA 1973); Speregen v. State, 351 So.2d 1074 (Fla. 2d DCA 1977).

¶3The evidence revealed that all the stolen property, owned by three different individuals, was received and concealed by the appellant on just one occasion. Under these facts, only one offense of receiving and concealing stolen property was committed.

¶4Therefore, the cause is affirmed and remanded with directions to enter one judgment and one sentence for the offense. The appellant need not be present for this purpose.

¶5AFFIRMED and REMANDED with directions.

McCORD, C. J., and SMITH, J., concur.
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