JOSE CABAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSE CABAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
551 So. 2d 613
Florida District Court of Appeal, Fourth District (1989)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The motion to stay proceedings filed by appellant is denied. We affirm as to that portion of the circuit court order which denies post-conviction relief on appellant’s claim of ineffective assistance of counsel; however, we reverse and remand to the trial court to either attach portions of the record to establish that appellant’s sentencing challenge is without merit or to resen-tence appellant in accordance with the sentencing guidelines.
HERSEY, C.J., and ANSTEAD and POLEN, JJ., concur.
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Dep't OF Transp. v. Konney, 587 So. 2d 1292 (Fla. 1991)…OVERTON, Justice. We have for review State, Department of Transportation v. Konney, 551 So. 2d 613 (Fla. 4th DCA 1989), in which the Fourth District Court of Appeal held that, in a claim against the State of Florida, Department of Transportation (State) and Palm Beach County (County) for damages resulting from an accident at the intersection of a…
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Twondy Gail Henderson v. State, 572 So. 2d 972 (Fla. 3d DCA 1990)…dant contends that in each instance she performed but a single act— presentation of the forged instrument to the bank teller — and that Carawan proscribes the imposition of dual penalties for a single act. Defendant relies on Sikora v. [*974] State, 551 So. 2d 613 (Fla. 4th DCA 1989), which so held. We take a different view. Cara-wan proscribes dual penalties for the same act, but where there are separate acts, then separate penalties can be imposed, even though the separate acts are part of the same crimina…1 / 2
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Twondy Gail Henderson v. State, 583 So. 2d 1030 (Fla. 1991)…BARKETT, Justice. We have for review Henderson v. State, 572 So. 2d 972 (Fla. 3d DCA 1990), in which the district court certified conflict with Sikora v. State, 551 So. 2d 613 (Fla. 4th DCA 1989).1 The issue presented in this case is whether, pursuant to the principles enunciated in Carawan v. State, 515 So. 2d 161 (Fla.1987), a defendant may be convicted and sentenced for theft and uttering a forged instrument when both…