STATE OF FLORIDA, PETITIONER,

v.

LONNIE AIRFORNIA MARION, RESPONDENT

Citator

Cited By

• Ciro Estevez v. State, 313 So. 2d 692 (Fla. 1975)
  …he District Court of Appeal, Third District, in Estevez 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…
• Jenkins v. Louie L. Wainwright, 322 So. 2d 477 (Fla. 1975)
  …of unlawful possession of a central nervous system stimulant and a barbiturate could only result in a single sentence where the possessions occurred at the same time and place. See also Edmond v. State, 280 So. 2d 449 (Fla.App. 2d 1973), cert. den. 287 So. 2d 690 (Fla.1973); Yost v. State, 243 So. 2d 469 (Fla.App. 3d 1971). In addition, we note that previous decisions of this Court have been- cited as adopting the single transaction rule. E. g., Foster v. State, 286 So. 2d 549 (Fla.1973); Cone v. State, [*47…
• English v. State, 301 So. 2d 813 (Fla. 2d DCA 1974)
  …ount Two, or both. However, it is generally presumed that such a sentence attaches to the highest offense charged — in the instant case, delivery, as charged in the first count. Edmond v. State, Fla.App.2d, 1973, 280 So. 2d 449, cert. den, Fla.1973, 287 So. 2d 690. Our decision to reverse the delivery count prohibits the judgment and sentence on Count One to stand. Accordingly, we remand to the trial court with directions to appropriately sentence appellant on Count Two, the possession charge. Affirmed as to…

Authorities Cited

• Marion v. State, 283 So. 2d 53 (Fla. 4th DCA 1973)