DANIEL ERNEST GORDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1974-04-02
No. T-193
RAWLS, C. J., and JOHNSON, J., concur.
292 So. 2d 46 Florida District Court of Appeal, First District (1974) Positive Treatment
Cited by 4 cases
Topics
Single Transaction Rule Concurrent Sentences

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Opinion of the Court
McCORD, Judge.

McCORD, Judge.

A two count indictment was filed against appellant charging him in the first count with the crime of robbery and in the second count with the use of a firearm in the commission of a felony (robbery).

Both crimes were part of the same transaction or act — the robbery of Gus Williams trading and doing business as Singleton’s Barbecue in Duval County. Appellant was found guilty of both counts and the trial court imposed a sentence of 25 years imprisonment on the first count, and a 10 year prison sentence on the second count, the two sentences to run concurrently. The sentence on the second count violates the single transaction rule and cannot stand. See Cone v. State, Fla., 285 So. 2d 12 (1973).

Appellant can be sentenced only for the highest offense charged of which he was convicted — robbery. This court can and does amend the sentence rendering it unnecessary to return the appellant to the trial court for resentencing. See Dawson v. State, 266 So. 2d 116 (1 Fla.App., 1972).

It is therefore ordered that the 10 year sentence for use of a firearm during the commission of a felony is vacated. The sentence of 25 years imprisonment for the crime of robbery is affirmed.

RAWLS, C. J., and JOHNSON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brown v. State, 292 So. 2d 47 (Fla. 1st DCA 1974)
    …eme Court of Florida in Cone v. State, 285 So. 2d 12 (Rehearing denied December 7, 1973), the sentence imposed for the use of the firearm during the commission of a felony cannot stand as it violates the single transaction rule. See Gordon v. State, 292 So. 2d 46, of this court, opinion released this date. We have considered the additional questions raised by appellant and after reading the record and briefs find them to be without merit. The 15 year concurrent sentence for use of a firearm in the commissi…
  • Horton Miles v. State, 303 So. 2d 86 (Fla. 1st DCA 1974)
    …eliminating therefrom the part of the sentencing as to possession of the firearm while engaged in the criminal offense. Following the Supreme Court’s pronouncement in Cone this Court has rendered its opinions in Gordon v. State, Fla.App. 1st 1974, 292 So. 2d 46 and Brown v. State, Fla.App. 1st 1974, 292 So. 2d 47. We have now compared the information appearing in the record on appeal sub ju-dice with that quoted in Cone v. State, supra, and find that they are virtually identical. Accordingly, the 10 year…

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