ROBERT CAIVANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant Caivano was charged in a two-count information with (1) possession of cocaine and (2) sale of cocaine on April 20, 1971. He was convicted of both charges and sentences of three years for each conviction were imposed by the trial judge to be served concurrently. The cocaine he was charged with possessing was the cocaine he was charged with selling. Caiva-no was therefore charged and convicted of two facets or phases of the same transaction. Only one sentence should have been imposed, and that for the highest offense charged. Yost v. State, Fla.App.1971, 243 So.2d 469; Martin v. State, Fla.App.1971, 251 So.2d 283; Brown v. State, Fla.App.1972, 264 So.2d 28; Jones v. State, Fla.App.1972, 265 So.2d 514.
We have examined the other points raised on appeal and find them to be without merit.
*246The judgment is affirmed, but the sentences are vacated and the cause is remanded with directions that appellant be presented to the trial court and properly sentenced in accordance herewith.
Affirmed in part; reversed in part with directions.
MANN, C. J., and LILES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Smith v. State, 318 So. 2d 506 (Fla. 2d DCA 1975)…sed and remanded. HOBSON, J., concurs. McNULTY, C. J., dissents with opinion. . In view of our disposition of this case, we do not reach the issue whether these sentences violated the same transaction rule. Cf. Cai-vano v. State, Fla.App.2d 1973, 276 So. 2d 245; Yost v. State, Fla.App.3d 1971, 243 So. 2d 469.…
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Caivano v. State of Fla. & Collier Cnty., 331 So. 2d 331 (Fla. 2d DCA 1976)…side the estreature and forfeiture. The said bond shall remain in effect. The cause is remanded to the trial court for further proceedings consistent with this opinion. HOBSON, A. C. J., and SCHEB, J., concur. . Caivano v. State, Fla.App.2d, 1973, 276 So. 2d 245. . State v. Caivano, Fla.App.2d, 1974, 304 So. 2d 139. . In State for the Use and Benefit of Dade County v. All Florida Surety Co., Fla.1952, 59 So. 2d 849, the Supreme Court of Florida said: “This Court has repeatedly held that the offense charge…
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Temperance Wright v. State, 348 So. 2d 633 (Fla. 3d DCA 1977)…ets or phases of the same transaction, he could only be sentenced for the higher of such offenses, to wit: the sale of cocaine. Jackson v. State, 311 So. 2d 811 (Fla.lst DCA 1975); Orange v. State, 334 So. 2d 277 (Fla.3d DCA 1976); Caivano v. State, 276 So. 2d 245 (Fla.2d DCA 1973); Jackson v. State, 270 So. 2d 30 (Fla.4th DCA 1972); Gonzalez v. State, 268 So. 2d 552 (Fla.3d DCA 1972); Jones v. State, 265 So. 2d 514 (Fla.4th DCA 1972); Carr v. State, 264 So. 2d 871 (Fla.1st DCA 1972); Hunt v. State, 264 So. 2…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Yost v. State, 243 So. 2d 469 (Fla. 3d DCA 1971)
- Martin v. State, 251 So. 2d 283 (Fla. 1st DCA 1971)
- Brown v. State, 264 So. 2d 28 (Fla. 1st DCA 1972)
- Jones v. State, 265 So. 2d 514 (Fla. 4th DCA 1972)