STATE OF FLORIDA, PETITIONER,
v.
CHARLES EDWARD KIRKLAND AND JAMES ROBERT LUKE, RESPONDENTS
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OVERTON, Justice.
This is before us on petition for writ of certiorari to the First District Court of Appeal to review its decision reported at 299 So. 2d 54 (Fla.App. 1st 1974). Conflict exists with our decisions in Steele v. Mayo, 72 So. 2d 386 (Fla.1954); Estevez v. State, 313 So. 2d 692 (Fla.1975); and Jenkins v. Wainwright, 322 So. 2d 477 (Fla.1975). We have jurisdiction.1
The respondent was convicted of the following offenses arising from the same incident: (1) breaking and entering with intent to commit grand larceny; (2) petit larceny; and (3) possession of burglary tools. The First District concluded that the second and third offenses were but facets of the first, and vacated the sentences for those offenses through the application of the so-called single transaction rule. We reverse. Our decisions in Steele v. Mayo, supra, Estevez v. State, supra, and Jenkins v. Wainwright, supra, dispose of all issues.
This cause is remanded to the First District Court of Appeal with directions to reinstate the sentences which it vacated.
It is so ordered.
ADKINS, C. J., ROBERTS and ENGLAND, JJ., and SIEGENDORF, Circuit Judge, concur. . Art. V, § 3(b) (3), Fla.Const. (1972).
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Johnson v. State, 366 So. 2d 418 (Fla. 1978)…for them to be “separate and distinct.” Jenkins recognized this possibility, but receded from Foster only “to the extent that it conflicts with this decision.” Limited to its peculiar facts, Foster is still good law. See generally State v. Kirkland, 322 So. 2d 480 (Fla.1975).…
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Borges v. State, 394 So. 2d 1046 (Fla. 4th DCA 1981)…e of the same criminal transaction for which only one sentence could be imposed. However, the principal case relied on for that conclusion, Kirkland v. State, 299 So. 2d 54 (Fla. 1st DCA 1974), was reversed by the Supreme Court in State v. Kirkland, 322 So. 2d 480 (Fla.1975); also see Jenkins v. Wainwright, 322 So. 2d 477 (Fla.1975). We are equally cognizant of our recent holding in Haynes v. State, 377 So. 2d 771 (Fla. 4th DCA 1979). However, Haynes hinged on a finding of a Brown category four, not an applic…
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Thomas v. State, 362 So. 2d 433 (Fla. 1st DCA 1978)…nd grand larceny were illegal since the offenses arose out of a single transaction is, as determined by the trial court, without merit. Estevez v. State, 313 So. 2d 692 (Fla.1975); Jenkins v. Wainwright, 322 So. 2d 477 (Fla.1975); State v. Kirkland, 322 So. 2d 480 (Fla.1975). Accordingly, the order denying defendant’s motion to vacate is AFFIRMED. SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.…
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- Ciro Estevez v. State, 313 So. 2d 692 (Fla. 1975)
- Jenkins v. Louie L. Wainwright, 322 So. 2d 477 (Fla. 1975)
- Steele v. Mayo, 72 So. 2d 386 (Fla. 1954)
- Kirkland v. State, 299 So. 2d 54 (Fla. 1st DCA 1974)