MICHAEL A. BAGGETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1974-01-04
No. 72-736
MANN, C. J., and GRIMES, J., concur.
287 So. 2d 336 Florida District Court of Appeal, Second District (1974) Positive Treatment
Cited by 10 cases
Opinion of the Court
HOBSON, Judge.

HOBSON, Judge.

Appellant was convicted, adjudged guilty, and sentenced to seven years imprisonment on a charge of breaking and entering with intent to commit a felony, and to five years on a charge of grand larceny, to run consecutively.

Upon a review of the briefs and record on appeal, we are of the opinion that the evidence was sufficient to sustain a conviction.

Although not raised on appeal, we conclude that in light of the facts and circumstances of this case the trial court erred in imposing upon appellant two separate sentences on two crimes which were facets of the same transaction, sjnce the only valid sentence that could have been entered was for the highest offense. Cone v. State, Fla.1973, 285 So. 2d 12.

The case is remanded for the purpose of vacating the sentence as to grand larceny and resentencing appellant on the judgment for breaking and entering.

Remanded with directions.

MANN, C. J., and GRIMES, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ciro Estevez v. State, 313 So. 2d 692 (Fla. 1975)
    …stevez v. State, reported at 290 So. 2d 138 (Fla.App.1974), which purportedly conflicts with Davis v. State, 277 So. 2d 300 (Fla.App.1973), Edmond v. State, 280 So. 2d 449 (Fla.App.1973), cert. denied 287 So. 2d 690 (Fla.1973), and Baggett v. State, 287 So. 2d 336 (Fla.App.1974). Petitioner was informed against, tried and convicted of the crime of breaking and entering a dwelling with intent to commit a felony, to-wit: grand larceny, and of the crime of grand larceny. Separate sentences of three years were i…
  • Hardrick v. State, 293 So. 2d 135 (Fla. 2d DCA 1974)
    …on of a maximum sentence of 15 years for breaking and entering with intent to commit a felony precludes the additional imposition of a maximum sentence for grand larceny shown as proof of felonious intent. See also Baggett v. State, Fla.App.2d 1974, 287 So. 2d 336; Gelis v. State, Fla.App.2d 1973, 287 So. 2d 368; Nettles v. State, Fla.App.2d 1974, 293 So. 2d 378. Accordingly, this cause is remanded to the trial court with directions to vacate the sentence on the lesser offense of grand larceny. The order ap…
  • Baggett v. State, 302 So. 2d 206 (Fla. 2d DCA 1974)
    …der deferring sentence on the grand larceny charge, however, should be, and it is hereby, reversed. Affirmed in part, reversed in part. BOARDMAN, J., concurs. MANN, J. (Ret.), concurs specially with opinion. . Baggett v. State (Fla.App.2d 1974), 287 So. 2d 336. . (Fla.1973), 285 So. 2d 12. . In retrospect, the Cone case, supra, may have been the wrong authority upon which to rely since the facts herein bring the case more precisely within the rationale of Edmond v. State (Fla.App.2d 1973), 280 So. 2d 44…

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