JIMMIE BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the sentence for using a firearm during a felony cannot stand if it violates the single transaction rule, but other convictions and sentences are affirmed.
Appellant was convicted of three counts of robbery and one count of using a firearm during the commission of a felony. He received concurrent sentence…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Single Transaction Rule cases and more on FLexlaw
McCORD, Judge.
Appellant was charged with and was convicted on June 13, 1973, of three counts of robbery and one count of the use of a firearm during the commission of a felony (robbery). Appellant was sentenced to concurrent sentences of 40 years imprisonment on the robbery convictions and 15 years for the use of a firearm during the commission of the robberies, to run concurrently with the robbery convictions.
In light of the decision of the Supreme 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 commission of a felony is vacated. The judgments and sentences in other respects are affirmed.
RAWLS, C. J., and JOHNSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Adams v. Adams, 385 So. 2d 688 (Fla. 3d DCA 1980)…g denied that relief, appealed to this court. We affirmed the trial court. See Adams v. Adams, 374 So. 2d 29 (Fla. 3d DCA 1979). . There was simply no basis upon which the Miami caseworker could make this comparative judgment. See Taylor v. Schilt, 292 So. 2d 47 (Fla. 2d DCA 1974). The fact that the father may be a fit and proper custodian is insufficient to change custody from another fit and proper custodian, the mother. . For the most part, the presumption of correctness arises from the fact that the tr…
-
Gregory v. Gregory, 292 So. 2d 50 (Fla. 2d DCA 1974)…undesirability of proceeding with a final custody determination at that time. The mother’s motion for continuance was denied. We think this was error. To summarize this record it shows a situation quite the reverse from Taylor v. Schilt, Fla.App., 292 So. 2d 47. There both parents placed the children’s welfare before their own. Here there is considerable doubt that either parent does. We do not view as mountainous every molehill which the appellant’s lawyer finds impressive. For example, his assertion that…
-
Horton Miles v. State, 303 So. 2d 86 (Fla. 1st DCA 1974)…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 concurrent sentence for the use of a firearm in the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cone v. State, 285 So. 2d 12 (Fla. 1973)
- Gordon v. State, 292 So. 2d 46 (Fla. 1st DCA 1974)