HAROLD CAMPBELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
HAROLD CAMPBELL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
310 So. 2d 319
Florida District Court of Appeal, Third District (1975)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The controlling question on this appeal is:
Whether the trial court erred in imposing upon the defendant separate sentences for rape and unlawful possession of a firearm while engaged in a criminal offense where both charges arose out of the same transaction.
We think that the question is fully answered in the negative by the holding and the reasoning of the Supreme Court of Florida in Estevez v. State, Fla.1975, 313 So. 2d 692.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 338 So. 2d 556 (Fla. 3d DCA 1976)…ning of subsequent Florida Supreme Court decisions. See Estevez v. State, 313 So. 2d 692 (Fla.1975); Jenkins v. Wainwright, 322 So. 2d 477 (Fla.1975); and State v. Ray, 331 So. 2d 316 (Fla.1976). See also this court’s decisions in Campbell v. State, 310 So. 2d 319 (Fla.3d DCA 1975); and Swyers v. State, 334 So. 2d 278 (Fla.3d DCA 1976). In the Campbell case, this court addressed the issue of whether the defendant can be separately sentenced for the crimes of rape and unlawful possession of a firearm when both…1 / 2
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Sellars v. State, 362 So. 2d 33 (Fla. 1st DCA 1978)…l statutes as part of the same act or occurrence. Estevez v. State, 313 So. 2d 692 (Fla.1975) [separate sentences for (1) breaking and entering with intent to commit a felony, to wit: grand larceny, and (2) grand larceny, upheld]; Campbell v. State, 310 So. 2d 319 (Fla. 3d DCA 1975) [separate sentences for (1) rape and (2) unlawful possession of a firearm in commission of offense, upheld]; Swyers v. State, 334 So. 2d 278 (Fla. 3d DCA 1976) [separate sentences for (1) involuntary sexual battery, (2) false impr…1 / 2
Authorities Cited
- Ciro Estevez v. State, 313 So. 2d 692 (Fla. 1975)