ARTHUR LEE PETTIGREW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that breaking and entering with intent to commit a felony and the commission of that felony are two separate and distinct substantive crimes.
Defendant was convicted of entering a vehicle without breaking with intent to commit grand larceny, and of grand larceny. He received concurrent sente…
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DOWNEY, Judge.
Defendant was convicted of (1) entering a vehicle without breaking, with intent to commit grand larceny, and (2) grand larceny. He was sentenced to two years on one count and five years on the second, the sentences to run concurrently.
On appeal the Attorney General has demonstrated commendable candor in suggesting the sentences involved may be improper since the two counts are facets of one transaction. Lietch v. State, Fla.App. 1971, 248 So. 2d 203.
We find no merit in appellant’s points on appeal nor in the suggestion that the sentences were improper. This court held in White v. State, Fla.App. 1973, 274 So. 2d 6, that breaking and entering with intent to commit a designated felony and the crime of having committed the same felony are two separate and distinct substantive crimes; that conviction on both counts justifies a sentence on each count. While recognizing there are cases which hold to the contrary, such as, Davis v. State, Fla. App.1973, 277 So. 2d 300, and Edmond v. State, Fla.App.1973, 280 So. 2d 449, the Third District Court of Appeal in Estevez v. State, Fla.App.1974, 290 So. 2d 138, held, as did this court in White v. State, supra, that the offense of breaking and entering with intent to commit a felony, to-wit: grand larceny, and the offense of grand larceny are two distinct crimes and do not fall within the two facets of the same transaction rule. We agree with the holding in Estevez, supra, and reaffirm our holding in White, supra.
Accordingly, the judgment and sentence appealed from is affirmed.
WALDEN and MAGER, JJ., concur.
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Joseph v. State, 316 So. 2d 585 (Fla. 4th DCA 1975)…lant stole the owners’ motor vehicle which was parked on the premises. Each offense was separate and distinct and justified a separate sentence. See, Estevez v. State, Fla.Sup.Ct., 313 So. 2d 692, opinion filed February 26, 1975; Pettigrew v. State, 295 So. 2d 672 (4th DCA Fla.1974); White v. State, 274 So. 2d 6 (4th DCA Fla.1973); State v. Conrad, 243 So. 2d 174 (4th DCA Fla.1971). Affirmed. WALDEN, C. J., and DOWNEY, J., concur.…
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Darris Taylor v. State, 751 So. 2d 659 (Fla. 5th DCA 1999)…lant stole the owners’ motor vehicle which was parked on the premises. Each offense was separate and distinct and justified a separate sentence. See, Estevez v. State, Fla.Sup.Ct., 313 So. 2d 692, opinion filed February 26, 1975; Pettigrew v. State, 295 So. 2d 672 (4th DCA Fla. 1974); White v. State, 274 So. 2d 6 (4th DCA Fla.1973); State v. Conrad, 243 So. 2d 174 (4th DCA Fla.1971). Id. at 586. See also Mason v. State, 665 So. 2d 328 (Fla. 5th DCA 1995). In this case, it appears there was a sufficient temp…
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Pettigrew v. State, 300 So. 2d 21 (Fla. 1974)…Certiorari dismissed. 295 So. 2d 672.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ellis Edmond v. State, 280 So. 2d 449 (Fla. 2d DCA 1973)
- Davis v. State, 277 So. 2d 300 (Fla. 2d DCA 1973)
- Ciro Estevez v. State, 290 So. 2d 138 (Fla. 3d DCA 1974)
- White v. State, 274 So. 2d 6 (Fla. 4th DCA 1973)
- Lietch v. State, 248 So. 2d 203 (Fla. 4th DCA 1971)