JAMES ROBERT KALWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Correction Of Sentence cases and more on FLexlaw
PER CURIAM.
James Kalway appeals the denial of his motion for correction of sentence. We affirm.
Appellant, citing Palmer v. State, 438 So. 2d 1 (Fla.1983), asserts that the trial court imposed an illegal sentence of two consecutive life imprisonment sentences. Appellant contends that he was convicted of two counts which arose from a single criminal transaction and that the sentences should have been concurrent.
The trial judge’s order points out that appellant was convicted of two counts of first degree murder. In State v. Enmund, 476 So. 2d 165 (Fla.1985), the supreme court held that Palmer does not control a situation involving separate and distinct homicides and that the trial court has the discretion to impose either consecutive or concurrent sentences.
Accordingly, we affirm.
SCHOONOVER, A.C.J., and FRANK and SANDERLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gardner v. State, 515 So. 2d 408 (Fla. 1st DCA 1987)…operly be imposed for offenses committed in the course of a seemingly “continuous criminal episode” in three situations: 1) when two separate and distinct homicides are committed in the course of one criminal episode, Enmund, supra; Kalway v. State, 504 So. 2d 792 (Fla. 2d DCA 1987); 2) when different offenses are committed on the same victim, when one offense occurs in one place and constitutes one invasion of the victim, and the other occurs in another place and represents a separate and additional violatio…
-
Benson v. State, 526 So. 2d 948 (Fla. 2d DCA 1988)…ole from a conviction of first-degree murder may be imposed either consecutively or concurrently, in the trial court’s discretion, for each and every homicide.” Id. See also Gardner v. State, 515 So. 2d 408, 411 (Fla. 1st DCA 1987); Kalway v. State, 504 So. 2d 792 (Fla.2d DCA 1987). Accordingly, the trial court acted within its authorized discretion in imposing two consecutive 25-year mandatory minimum sentences for the two first-degree murder convictions in this case. The two first-degree murder conviction…
-
Arba Earl Barr v. State, 548 So. 2d 819 (Fla. 2d DCA 1989)…o a prior pro se pleading submitted by Barr which, it is conceded, “does not specifically state he understood there would be no parole.” On appeal Barr argues that he should have been present for the evidentia-ry hearing. See, e.g., Diggs v. State, 504 So. 2d 792 (Fla. 2d DCA 1987). We agree. Given trial counsel’s ambiguous testimony regarding what was and was not said in her conversations with Barr, the opportunity to cross-examine and to offer testimony on his own behalf seems particularly appropriate. We…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- State v. Carney, 476 So. 2d 165 (Fla. 1985)
- State v. Enmund, 476 So. 2d 165 (Fla. 1985)