CHARLES CLEVE UNION, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Charles Cleve Union appeals from separate convictions for robbery and using a firearm in the commission of a felony and consequent consecutive sentences.
From a careful review of the record herein we conclude that appellant has failed to make reversible error clearly to appear as regards the convictions herein. Accordingly, the judgments of guilt should be and they are hereby affirmed.
It is apparent, however, that the consecutive sentences are violative of the “single transaction” rationale confirmed in Cone v. State.
In view whereof, the sentence for the robbery being proper as having been imposed on the higher offense, the cause must be remanded to the trial court with directions that he vacate and set aside the consecutive sentence for the separate offense of using a firearm in the commission of a felony.
Affirmed in part, reversed in part and remanded with directions.
McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur. . (Fla.1973), 285 So. 2d 12.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Farmer v. State, 330 So. 2d 842 (Fla. 2d DCA 1976)…attempting to commit a felony is improper since both are facets of the same criminal transaction. We agree that the concurrent sentence for attempted robbery was improper. See Cone v. State, Fla.1973, 285 So. 2d 12; Union v. State, Fla.App.2d 1975, 322 So. 2d 643; Benton v. State, Fla.App.2d 1976, 330 So. 2d 203. Accordingly, the trial court is directed to vacate and set aside the concurrent sentence for attempted robbery; otherwise the sentences are affirmed. HOBSON, Acting C. J., and GRIMES and SCHEB, JJ…
Authorities Cited
- Cone v. State, 285 So. 2d 12 (Fla. 1973)