BENNETT COOPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from an order of the Circuit Court for Orange County withholding adjudication of guilt and placing appellant on probation following a plea of nolo contendere to the charge of grand theft in the second degree of an automobile. Appellant’s court appointed counsel has filed an Anders1 motion and brief, requesting leave to withdraw as counsel for appellant and representing to this court that no reversible error appears. On April 23,1980, this court gave the appellant thirty (30) days within which to file a brief in his own behalf. No such brief has been filed. The court has reviewed the brief and the record herein and no reversible error appears. The motion of the appellant’s counsel to withdraw is hereby granted, and the judgment of the trial court is hereby
AFFIRMED.
DAUKSCH, C. J., and ORFINGER and COWART, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Houser v. State, 474 So. 2d 1193 (Fla. 1985)…97] Florida courts have repeatedly recognized that the legislature did not intend to punish a single homicide under two different statutes. Vela; Goss v. State, 398 So. 2d 998 (Fla. 5th DCA 1981) (premeditated and felony murder); Muszynski v. State, 392 So. 2d 63 (Fla. 5th DCA 1981) (first-degree felony murder and second-degree murder). The principle has been applied in the case of dual charges of DWI manslaughter and manslaughter. Thomas v. State, 380 So. 2d 1299 (Fla. 4th DCA), review denied, 389 So. 2d 11…
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Baker v. State, 425 So. 2d 36 (Fla. 5th DCA 1982)…was considered a necessarily lesser included offense of the robbery and thus was “the same offense” for double jeopardy purposes). Cast-leberry also holds that one entry of a dwelling cannot support three convictions of burglary. Muszynski v. State, 392 So. 2d 63 (Fla. 5th DCA 1981), holds that one death of one person, a single factual event, cannot support two homicide convictions. .It is in this secondary analysis of the “factual offense” that it can correctly be said that two (factual) offenses are “the…1 / 2
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Damon v. State, 397 So. 2d 1224 (Fla. 3d DCA 1981)…396 So. 2d 241 (Fla.3d DCA 1981) (robbery with a firearm-display of a firearm in commission of a felony); Cantrell v. State (Fla. 1st DCA, Case no. PP-92, opinion filed, Feburary 11, 1981) (burglary-possession of burglary tools); Muszynski v. State, 392 So. 2d 63 (Fla. 5th DCA 1981) (first degree felony murder-second degree murder,- aggra [*1228] vated battery, robbery); Watson v. State, 392 So. 2d 60 (Fla. 5th DCA 1981) (first degree felony murder-armed robbery); Barner v. State, 390 So. 2d 468 (Fla.3d DCA…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)