RICHARD B. TROUSDALE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GRIMES, Judge.
The appellant has failed to demonstrate any error with respect to his convictions for rape, robbery and breaking and entering a dwelling house with intent to commit a felony, to-wit: rape, and committing an. assault upon a person lawfully therein.
The appellant received three consecutive life sentences. The assault was an essential element of the charge of breaking and entering and was committed in connection with the rape. Thus, those two offenses were facets of the same criminal act.1 The sentence for breaking and entering a dwelling house with intent to commit a felony, to-wit: rape, and committing an assault upon a person lawfully therein, is hereby set aside. See Edmond v. State, Fla.App.2nd, 1973, 280 So. 2d 449; Cone and Sanders v. State, 285 So. 2d 12 (Fla.1973); Yost v. State, Fla.App.1971, 243 So. 2d 469. The other two sentences were proper. The judgments are affirmed.
HOBSON, A. C. J., and BOARDMAN, J., concur. . The robbery was perpetrated against another person.
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Ellis v. State, 298 So. 2d 527 (Fla. 2d DCA 1974)…lts against two different individuals. The offenses were therefore two separate offenses, even though the assaults were committed during the same criminal episode. Harris v. State, Fla.App.2d 1973, 286 So. 2d 32; Trousdale v. State, Fla.App.2d 1974, 287 So. 2d 721. Appellant next contends that he should have been sentenced to only five years, since this was the maximum punishment provided by F.S. § 776.03 F.S.A. at the time he was sentenced. The courts of Florida have long held that the statute in effect at…
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Drayton v. State, 320 So. 2d 23 (Fla. 2d DCA 1975)…ame criminal transaction. The assault was an essential element of both of said charges and was committed in connection with the attempted rape. Thus, the two offenses were facets of the same criminal act. Cf. Trousdale v. State, Fla. App. 2d, 1974, 287 So. 2d 721. Accordingly, the causes are remanded to the trial court to vacate the sentence imposed on the assault with intent to commit rape. The judgments are affirmed. McNULTY, C. J., and GRIMES, J., concur.…
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Huffman v. State, 301 So. 2d 815 (Fla. 2d DCA 1974)…ides with respect to enhancement of the burglary where an assault occurs thereafter. To impose double punishment in that instance would be to use the same criminal act as the essence of two separate crimes. Cf. Trousdale v. State, Fla.App. 2d, 1974, 287 So. 2d 721, in which the intent was to commit rape. We consider that that portion of the charge .relating to the commission of assault in connection with a breaking and entering is an additional and superfluous element which goes solely to enhancement of punis…
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- Yost v. State, 243 So. 2d 469 (Fla. 3d DCA 1971)
- Cone v. State, 285 So. 2d 12 (Fla. 1973)
- Ellis Edmond v. State, 280 So. 2d 449 (Fla. 2d DCA 1973)