HOMER ADKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Affirmed concurrent sentences of one year for three counts of assault and battery, holding that multiple sentences for violence against different persons do not violate the single transaction rule and that probation may extend beyond the concurrent sentence term under Florida law.
An accused may be sentenced for each assault and battery offense when violence was offered to multiple persons, regardless of whether the conduct occurred within a single criminal episode, and probation may extend beyond concurrent sentence terms under Florida Statute 948.01(4).
[1] Multiple sentences may be imposed for assault and battery against different victims within a single criminal episode without violating the single transaction rule.
[2] A probationary period may lawfully extend beyond the term of concurrent sentences imposed under Florida Statute 948.01(4).
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceHomer Adkins was convicted of three counts of assault and battery and sentenced to concurrent one-year sentences, followed by two years of probation a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Multiple Offenses cases and more on FLexlaw
RAWLS, Acting Chief Judge.
Appellant, Homer Adkins, seeks reversal of his concurrent sentences of one year upon three counts of assault and battery on the ground that such sentences are cumulative and in violation of the single transaction rule. An accused, upon conviction, may be sentenced for each such offense, when violence was offered to three persons, regardless of whether such criminal conduct may be said to have occurred within a single criminal episode. Rodgers v. State, 325 So. 2d 48 (Fla.App.2 1975), and Robinson v. State, 323 So. 2d 62 (Fla. App.l 1975).
Appellant Adkins also contends that the trial court was not authorized under Florida Statute 948.01(4) to place the appellant on probation for a period of two years after serving three months in the Duval County Jail, in that the probationary period exceeded the concurrent one year sentences imposed. A myriad of cases in the four appellate districts of this state have treated this question with varying results. However, as we read the recent Supreme Court decision in State v. Jones, 327 So. 2d 18, opinion filed January 14, 1976, the sentence imposed is lawful, and Adkins’ contention is without merit. Also see Scott v. State, Supreme Court, 326 So. 2d 165, opinion filed January 15, 1976 (no Petition for Rehearing filed).
AFFIRMED.
MILLS and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hardwick v. State, 335 So. 2d 307 (Fla. 1st DCA 1976)…of the indictment charged appellant with murdering Lloyd Walker. Count II charged him with committing the crime of robbery against Dianne Allen. The indictment and proof reveal that appellant committed separate and distinct crimes. Adkins v. State, 330 So. 2d 809 (Fla.App.1st 1976); Rodgers v. State, 325 So. 2d 48 (Fla.App.2nd 1975); and Robinson v. State, 323 So. 2d 62 (Fla.App. 1st 1975). AFFIRMED. BOYER, C. J., and McCORD, J., concur. . Florida Statute 782.04 (1973) states: “782.04 Murder.— “(l)(a) T…
-
Dion v. State, 409 So. 2d 1216 (Fla. 3d DCA 1982)…merit in the appellant’s claims of error in her convictions for multiple crimes committed when she fired on numerous officers who were attempting to take her into custody for bank robbery. Tibbs v. State, 397 So. 2d 1120 (Fla.1981); Adkins v. State, 330 So. 2d 809 (Fla. 1st DCA 1976); Yesbick v. State, 408 So. 2d 1083 (Fla. 4th DCA, 1982). The trial court, however, erroneously sentenced the defendant to life imprisonment on each of two counts as to which she was found guilty of attempted second degree murde…
-
Brown v. State, 433 So. 2d 1028 (Fla. 3d DCA 1983)…PER CURIAM. Affirmed. See Reese v. Wainwright, 600 F. 2d 1085 (5th Cir.), cert. denied, 444 U.S. 983, 100 S.Ct. 487, 62 L.Ed.2d 410 (1979); Adkins v. State, 330 So. 2d 809 (Fla. 1st DCA 1976).…
Authorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Robinson v. State, 323 So. 2d 62 (Fla. 1st DCA 1975)
- Scott v. State, 326 So. 2d 165 (Fla. 1976)
- Rodgers v. State, 325 So. 2d 48 (Fla. 2d DCA 1975)