HENRY NORWOOD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court affirmed a conviction but vacated the sentence, holding that consecutive sentences for two offenses arising from a single transaction constitute error. The court remanded the case for proper sentencing.
Yes, the trial judge erred in imposing separate, consecutive sentences for two offenses that constituted a single transaction.
“We find no error requiring a reversal of the judgment convicting the appellant of the two offenses of which he was found guilty by the jury, but have concluded that the trial judge erred in imposing a separate sentence on each charge, to run consecutively.”
Establishes that the conviction was affirmed but the sentencing was found to be in error.
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Join FLexlaw to unlock all legal intelligenceThe appellant was found guilty by a jury of two offenses. The trial judge imposed separate sentences for each offense, to run consecutively. The appel…
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ROBERTS, Justice.
We have carefully examined the record and briefs filed in this cause and have heard the argument of counsel at the bar of this court. We find no error requiring a reversal of the judgment convicting the appellant of the two offenses of which he was found guilty by the jury, but have concluded that the trial judge erred in imposing a separate sentence on each charge, to run consecutively. The derelictions of which appellant was found guilty were simply two facets of one transaction, so it was error to sentence him on each count. Wheeler v. State, Fla.1954, 72 So. 2d 364; Williams v. State, Fla.1954, 69 So. 2d 766.
The judgment of guilt is affirmed, but the sentence is vacated and the cause remanded for proper sentencing.
DREW, C. J., and THOMAS and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Ellis Edmond v. State, 280 So. 2d 449 (Fla. 2d DCA 1973)…ris, 1947, 111 Utah 330, 178 P. 2d 397. . C.C.W.D.Mo. 1880, 12 F. 461. . For cases dealing with punishment for multiple convictions of a single transaction see Cone v. State, Fla., Case No. 42,-760, filed March 9, 1973; Norwood v. State, Fla.1956, 86 So. 2d 427; Wheeler v. State, Fla.1954, 72 So. 2d 364; Williams v. State, Fla.1953, 69 So. 2d 766; Young v. State, Fla.1953, 69 So. 2d 761; Mixon v. State, Fla.1951, 54 So. 2d 190; Washington v. State, 1906, 51 Fla. 137, 40 So.765; Sparks v. State, Fla.App.4th…
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Johnson v. State, 366 So. 2d 418 (Fla. 1978)…cts of the same transaction. The language of different “facets” is found in Wheeler v. State, 72 So. 2d 364 (Fla.1954), which held that five counts of violating the lottery statute reflected five facets of one transaction. See also Norwood v. State, 86 So. 2d 427 (Fla.1956). Different “aspects” of one transaction were held separately punishable where the crimes were breaking and entering and grand larceny, in Steele v. Mayo, 72 So. 2d 386 (Fla.1954). . Norwood v. Mayo, 74 So. 2d 370 (Fla.1954). . Estevez,…
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Macon Tribue v. State, 106 So. 2d 630 (Fla. 2d DCA 1958)…e trans [*634] action. It was improper, therefore, to sentence him on each count. Only one sentence is applicable and that sentence should be on the highest offense charged. See Williams v. State, Fla.1953, 69 So. 2d 766; Norwood v. State, Fla.1956, 86 So. 2d 427, and Mixon v. State, Fla. 1951, 54 So. 2d 190. At this juncture, it may be pointed out that the appellant did not testify at the trial before the jury, nor did he offer any witness on his own behalf, nor has he challenged the sufficiency of the evi…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 69 So. 2d 766 (Fla. 1953)
- Wheeler v. State, 72 So. 2d 364 (Fla. 1954)