RAYMOND FRANCIS FAYERWEATHER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RAYMOND FRANCIS FAYERWEATHER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
303 So. 2d 34
Florida District Court of Appeal, Third District (1974)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The issue presented by this appeal is whether the trial court erred in charging and sentencing the appellant under § 811.-16, Fla.Stat., rather than under § 817.67 (1), Fla.Stat. The appellant’s contention is that he should have been charged and sentenced under the latter statute. The appellant has cited Lore v. State, Fla.App. 1972, 267 So. 2d 699 and Strada v. State, Fla.App. 1972, 267 So. 2d 702 in support of this proposition.
We think, however, that the better reasoning appears in State v. McCurdy, Fla.App.1972, 257 So. 2d 92 and McConnell v. State, Fla.App. 1974, 298 So. 2d 550, and we affirm upon the authority of the views therein expressed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fayerweather v. State, 332 So. 2d 21 (Fla. 1976)…OVERTON, Chief Justice. This cause is before the Court on a petition for writ of certiorari to review the decision of the Third District Court of Appeal in Fayerweather v. State, 303 So. 2d 34 (Fla.App. 4th 1974). That - decision conflicts with Lore v. State, 267 So. 2d 699 (Fla.App. 4th 1972) and Strada v. State, [*22] 267 So .2d 702 (Fla.App. 4th 1972). We have jurisdiction.1 The State Credit Card Crime Act constitutes Part II of Flori…
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Lawrence v. State, 330 So. 2d 160 (Fla. 1st DCA 1976)…e, the sentence may be imposed for a term prescribed by the statute under which' the prosecution is maintained. See also State v. McCurdy, Fla.App.(2d), 257 So. 2d 92 (1972). The Third District Court of Appeal in Fayerweather v. State, Fla.App.(3d), 303 So. 2d 34 (1974), followed the rulings of the Second District in McConnell and McCurdy. We likewise adopt this view. Appellant also contends that the two crimes of forgery and uttering a forged instrument were facets of the same transaction and the court the…
Authorities Cited
- Lore v. State, 267 So. 2d 699 (Fla. 4th DCA 1972)
- Strada v. State, 267 So. 2d 702 (Fla. 4th DCA 1972)
- State v. Benny Fred McCURDY, 257 So. 2d 92 (Fla. 2d DCA 1972)
- McCONNELL v. State, 298 So. 2d 550 (Fla. 2d DCA 1974)