STATE OF FLORIDA, PETITIONER,
v.
STEVEN MERRILL SELLARS, RESPONDENT

Fla. | 1979-11-15
No. 55363
ADKINS, Acting C. J., and BOYD, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur.
377 So. 2d 24 Florida Supreme Court (1979) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We hereby discharge our writ of certiorari granted in this cause. [Opinion below: 362 So. 2d 33] See White v. State, 377 So. 2d 1149 (Fla.1979); Gonzalez v. State, 367 So. 2d 1008 (Fla.1979); Johnson v. State, 366 So. 2d 418 (Fla.1978).

It is so ordered.

ADKINS, Acting C. J., and BOYD, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur.


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  • Cantrell v. State, 405 So. 2d 986 (Fla. 1st DCA 1981)
    …tly or consecutively. This statute has been interpreted as prohibiting sentencing on lesser included offenses arising out of the same criminal transaction as the higher offense. Sellars v. State, 362 So. 2d 33 (Fla. 1st DCA 1978), cert. discharged, 377 So. 2d 24 (Fla.1979); McClendon v. State, 372 So. 2d 1161 (Fla. 1st DCA 1979); Purvis v. State, 370 So. 2d 32 (Fla. 2d DCA 1978). Although Section 775.021(4) might appear to authorize separate sentences herein, we conclude that double jeopardy principles prec…

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