GEORGE DRAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1975-09-17
Nos. 75-359 and 75-360
McNULTY, C. J., and GRIMES, J., concur.
320 So. 2d 23 Florida District Court of Appeal, Second District (1975) Positive Treatment
Cited by 14 cases
Topics
Criminal Transaction Assault With Intent To Commit Rape Intent to Commit Rape Breaking And Entering With Intent To Commit A Felony

Explore caselaw by topic → Browse Criminal Transaction cases and more on FLexlaw

Opinion of the Court
BOARDMAN, Judge.

BOARDMAN, Judge.

The appellant, George Drayton, has failed to demonstrate reversible error with regard to his convictions for assault with intent to commit rape and breaking and entering a dwelling house with intent to commit a felony, to wit: rape and committing an assault upon a person lawfully therein.

The only question before us is whether appellant’s convictions of said offenses are each a facet or phase of the same criminal transaction.

The assault was an essential element of both of said charges and was committed in connection with the attempted rape. Thus, the two offenses were facets of the same criminal act. Cf. Trousdale v. State, Fla. App. 2d, 1974, 287 So. 2d 721.

Accordingly, the causes are remanded to the trial court to vacate the sentence imposed on the assault with intent to commit rape. The judgments are affirmed.

McNULTY, C. J., and GRIMES, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Smith v. State, 641 So. 2d 1319 (Fla. 1994)
    …for trial. The trial court found no discovery violation.6 We agree that there was no discovery violation. The State is required to produce for discovery the criminal records of any witness the prosecution intends to call at trial. Yanetta v. State, 320 So. 2d 23, 24 (Fla. 3d DCA 1975); Comer v. State, 318 So. 2d [*1322] 419, 420 (Fla. 3d DCA 1975). The State has no duty, however, “to actively assist the defense in investigating the case.” Hansbrough v. State, 509 So. 2d 1081, 1084 (Fla.1987); see also Medin…
  • Fields v. State, 379 So. 2d 408 (Fla. 3d DCA 1980)
    …the information, nor did he seek a motion for continuance following the denial of his request. In light of the above, we agree with the trial court that the request came too late. Cooper v. State, 356 So. 2d 911 (Fla. 3d DCA 1978); Yanetta v. State, 320 So. 2d 23 (Fla. 3d DCA 1975); Wilcox v. State, 299 So. 2d 48 (Fla. 3d DCA 1974). Interrelated to the defendant’s challenge to the denial of discovery of the victim’s psychiatric records is a further contention that the trial court unduly restricted cross-exa…
  • State v. Fermin Miranda, 777 So. 2d 1173 (Fla. 3d DCA 2001)
    …ctual or constructive possession. This obligation was held to include the ability of the state to obtain data “by virtue of the State being a party to any compact or agreement with the Federal Bureau of Investigation.” Likewise, in Yanetta v. State, 320 So. 2d 23 (Fla. 3rd DCA 1975), this court stated that a defendant who seeks discovery is not limited to material in the physical possession of the State Attorney’s Office, but is properly allowed to discover criminal records in the actual or constructive poss…

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw