DEL MOODY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant has appealed the judgment and sentence of the trial court based upon a jury verdict finding him guilty of aggravated assault and resisting an officer with violence. We have reviewed appellant’s several points on appeal and find them to be without merit, except the point directed to the sentences imposed. Since the two offenses charged were but a facet or phase of the same transaction, the appellant should have been sentenced only for the highest offense of which he was found guilty. Caivano v. State, Fla.App., 276 So.2d 245; Yost v. State, Fla.App., 243 So.2d 469; Easton v. State, Fla.App., 250 So.2d 294.
Accordingly, appellant’s convictions are affirmed, but the sentences are vacated, and the cause is remanded with directions that the appellant be presented to- the trial court and properly sentenced in accordance herewith.
Affirmed in part; reversed in part, with directions.
WALDEN and OWEN, JJ., and DOWNEY, JAMES C., Associate Judge, concur.
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Clements v. State, 284 So. 2d 700 (Fla. 3d DCA 1973)…truction or an objection to a failure to give an instruction is a requirement to raising error on appeal, and we followed Florida Appellate Rule 6.7(g), 32 F.S.A. Alford v. State, Fla.App.1973, 280 So. 2d 479; see also, Black v. State, Fla.App.1973, 279 So. 2d 909. Therefore, we have concluded that no reversible error has been demonstrated, and for the reasons stated, the judgment and sentence appealed is affirmed. Affirmed.…
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Randall v. State, 346 So. 2d 1233 (Fla. 3d DCA 1977)…defense, and the only question to be determined by the jurors was the identity of the perpetrator of the crime. As a matter of trial strategy, the defendant could waive the charge on lesser included offenses in such a situation. See: Black v. State, 279 So. 2d 909 (Fla.3rd D.C.A. 1973). There is also a contention that more than one sentence could not be imposed under the circumstances of the alleged single transaction. This is without [*1235] merit in the instant case. See: Johnson v. State, 338 So. 2d 556 (F…
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Colon v. State, 283 So. 2d 127 (Fla. 4th DCA 1973)…PER CURIAM. Defendant contends (and the State concedes) that the offenses charged under Counts 1 and 2 were facets or phases of the same criminal transaction for which a single sentence should have been imposed. Moody v. State, Fla.App.1973, 279 So. 2d 909; Lietch v. State, Fla.App.1971, 248 So. 2d 203. Accordingly, defendant’s convictions are affirmed but sentences on Counts 1 and 2 are vacated and the cause remanded with directions that defendant be resentenced in accordance with this opinion. OWEN…
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- Yost v. State, 243 So. 2d 469 (Fla. 3d DCA 1971)
- Easton v. State, 250 So. 2d 294 (Fla. 2d DCA 1971)
- Caivano v. State, 276 So. 2d 245 (Fla. 2d DCA 1973)