CHARLES LEWIS RAY, JR., A/K/A CHARLES L. RAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Single Transaction Rule cases and more on FLexlaw
PER CURIAM.
This is an appeal from judgments entered upon guilty pleas for sexual battery, attempted sexual battery and breaking and entering a dwelling house with intent to commit a felony, to wit: sexual battery, and after having entered making an assault upon a woman lawfully within the dwelling house. The appellant was sentenced to fifteen years for the sexual battery. He was given concurrent five year sentences for the other two offenses to run consecutive to the fifteen year sentence.
The judgments are affirmed. The sexual battery was a different incident than those which formed the basis for the other two charges. However, the attempted sexual battery for which the appellant was convicted was an essential element of the breaking and entering charge. Therefore, the sentence for attempted sexual battery must be vacated as violating the single transaction rule. Drayton v. State, Fla.App.2d, 1975, 320 So. 2d 23; Trousdale v. State, Fla.App.2d, 1974, 287 So. 2d 721.
BOARDMAN, Acting C. J., and GRIMES and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. RAY, 331 So. 2d 316 (Fla. 1976)…PER CURIAM. This is a petition for writ of certiorari to review a decision of the District Court of Appeal, Second District, reported at 320 So. 2d 426, because of an asserted conflict with the decisions of this Court in Jenkins v. Wainwright, 322 So. 2d 477 (Fla.1975), and Estevez v. State, 313 So. 2d 692 (Fla.1975). Jurisdiction is provided under Article V, Section 3(b)(3), Florida Constitution.…
Authorities Cited
- Trousdale v. State, 287 So. 2d 721 (Fla. 2d DCA 1974)
- Drayton v. State, 320 So. 2d 23 (Fla. 2d DCA 1975)