JOHN ROBERT MONTGOMERY, APPELLANT (DEFENDANT),
v.
STATE OF FLORIDA, APPELLEE (STATE)
Explore caselaw by topic → Browse Importation Of Marijuana cases and more on FLexlaw
Montgomery was charged with and found guilty of possession of, importation of, and possession with intent to sell more than five grams of marijuana. A jury found him guilty of all charges. He was adjudged guilty and sentenced.
Montgomery appeals and contends the trial court erred in the following respects:
1. By denying his motion to suppress the marijuana. We do not agree. State v. Dycus, 238 So. 2d 493 (Fla.App.2d, 1970). We affirm.
2. By allowing a police officer to be qualified and give expert testimony. We do not agree. Tongay v. State, 79 So. 2d 673 (Fla.1955). We affirm.
3.By imposing a sentence on each of the three offenses. We agree. Jackson v. State, 311 So. 2d 811 (Fla.App.1st, 1975). We affirm the sentence imposed on the offense charged in count one, but reverse the sentences imposed on the offenses charged in counts two and three.
Affirmed in part, and reversed in part.
MILLS, Acting C. J., SMITH, J., and AGNER, ROYCE, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Munford, 357 So. 2d 706 (Fla. 1978)…i to review the decision of the District Court of Appeal, Second District, in Munford v. State, 343 So. 2d 67 (Fla. 2d DCA 1977), which is in direct conflict with the decisions of the District Court of Appeal, First District, in Montgomery v. State, 332 So. 2d 679 (Fla. 1st DCA 1976), and Jackson v. State, 311 So. 2d 811 (Fla. 1st DCA 1975). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution. The sole issue before us is the legality of the sentence imposed on cross-petitioner by…
-
Carmelo Gonzalez v. State, 367 So. 2d 1008 (Fla. 1979)…e, stating: Prior to October 1, 1976, the law with regard to the sentencing of an individual upon his conviction of two or more criminal offenses arising out of the same transaction was accurately reflected by the decisions in Montgomery v. State, [332 So. 2d 679 (Fla. 1st DCA 1976)], and Jackson v. State, [311 So. 2d 811 (Fla. 1st DCA 1975)], which held that upon the conviction of two or more offenses arising out of the same transaction, an individual could only be sentenced for the higher of such offenses.…
Authorities Cited
- Tongay v. State, 79 So. 2d 673 (Fla. 1955)
- Jackson v. State, 311 So. 2d 811 (Fla. 1st DCA 1975)
- State v. Dycus, 238 So. 2d 493 (Fla. 2d DCA 1970)