DALE ZYGADLO, APPELLANT (DEFENDANT),
v.
STATE OF FLORIDA, APPELLEE (STATE)
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The court held that the trial court did not err in denying the defendant's request to remove leg shackles during trial, but erred in imposing a consecutive sentence for use of a firearm during the robbery.
The defendant was convicted of robbery, use of a firearm during the robbery, false imprisonment, and grand larceny, and sentenced to consecutive terms…
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MILLS, Judge.
A jury convicted Zygadlo of robbery, use of a firearm during the robbery, false imprisonment and grand larceny. He was sentenced to consecutive terms on each of the four crimes.
Zygadlo contends that he was denied the constitutional right to a fair trial and that he was erroneously sentenced on his conviction for use of a firearm during the robbery.
At the commencement of the trial, Zygadlo objected to leg shackles which were placed on him at the direction of the trial court. The court had the shackles put on him because he had escaped on at least one prior occasion when appearing before the court. Because of the recent escape, the court felt it necessary for maintenance of courtroom security and decorum that the shackles be applied. The shackles were not the large type. The record does not disclose whether the jurors were aware of the shackles. The record does disclose overwhelming evidence of Zygadlo’s guilt of each of the four crimes.
On the facts disclosed by the record, the trial court exercised good discretion in taking action to maintain courtroom security and decorum during the trial. There is no evidence that the jurors saw the leg shackles. There is no evidence that Zygadlo was prejudiced. There is overwhelming evidence that he was guilty of the four crimes. We affirm the finding of guilt.
The firearm which Zygadlo was charged with using in commission of robbery was the one he used in the commission of the robbery with which he was charged. The two violations were a part of the same criminal act, therefore, the five year sentence imposed under the count of the information charging him with use of a firearm is vacated. Cone v. State, 285 So. 2d 12 (Fla.1973).
Affirmed in part; reversed in part.
BOYER, C. J., and McCORD, J., concur.
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Davison v. State, 346 So. 2d 1238 (Fla. 1st DCA 1977)…under the count of the information charging Davison with pos [*1239] session of a firearm while engaged in a criminal offense is vacated. Cone v. State, 285 So. 2d 12 (Fla.1973); Nowlin v. State, 320 So. 2d 468 (Fla. 4th DCA 1975); Zygadlo v. State, 341 So. 2d 1053 (Fla. 1st DCA 1976), and Nowlin v. State, Supreme Court, 346 So. 2d 1020, opinion filed May 26, 1977. REVERSED. BOYER, C. J., and RAWLS and SMITH, JJ., concur.…
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Zygadlo v. Fla. Parole & Prob. Comm'n, 414 So. 2d 600 (Fla. 1st DCA 1982)…returned to Illinois to serve the balance of his conviction for acts committed in Chicago upon his release from the custody of the Florida Department of Corrections. . The original judgment and sentence totaled 105 years; but, in Zygadlo v. State, 341 So. 2d 1053 (Fla. 1st DCA 1977); the five-year conviction for use of a firearm in the commission of felonies was vacated. It is notable that, although petitioner has made the Commission aware of this, the Commission action sheet continues to reflect the vacated…
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Sellars v. State, 362 So. 2d 33 (Fla. 1st DCA 1978)…the robbery for which he was also sentenced. We agree and reverse. Only one sentence may be imposed for the offense of robbery and use of a firearm during the commission of the same robbery. Cone v. State, 285 So. 2d 12 (Fla.1973); Zygadlo v. State, 341 So. 2d 1053 (Fla. 1st DCA 1977); Davison v. State, 346 So. 2d 1238 (Fla. 1st DCA 1977). Contra Campbell v. State, 310 So. 2d 319 (Fla. 3d DCA 1975); Swyers v. State, 334 So. 2d 278 (Fla. 3d DCA 1976); Johnson v. State, 338 So. 2d 556 (Fla. 3d DCA 1976). The co…
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- Cone v. State, 285 So. 2d 12 (Fla. 1973)