MARWELL JON SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HOBSON, Judge.
Appellant was convicted and sentenced to life imprisonment on a charge of robbery, and to five years on the charge of person engaged in criminal offense, having weapon, the sentences to run concurrently.
We affirm the judgments on authority of Williams v. State, Fla.1959, 110 So. 2d 654; Dean v. State, Fla.1973, 277 So. 2d 13; and Reams v. State, Fla.1973, 279 So. 2d 839.
Although not raised on appeal, we conclude that the trial court erred in imposing upon appellant two separate sentences for the two crimes which the record reveals were facets of the same criminal act, since the only valid sentence that could have been entered was for the highest offense. Cone v. State, Fla.1973, 285 So. 2d 12.
The sentence on the lesser offense is vacated, and the judgment is
Affirmed as modified.
MANN, C. J., and BOARDMAN, J., concur.
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Dunn v. Shaw, 303 So. 2d 6 (Fla. 1974)…PER CURIAM. We have reviewed by writ of conflict certiorari the decision of the District Court of Appeal, Third District, in the case of Shaw v. Dunn (1973), 287 So. 2d 404, and find that conflict of decisions exists. ' As reflected by the majority and dissenting opinions, we note that the majority of the District Court concluded that in the instant case the stock fraud was not “ . . . characterized by malicious and…
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Gerrold D. Davis v. State, 295 So. 2d 124 (Fla. 2d DCA 1974)…charge was a facet of the robbery charge. The only valid sentence that could have been entered was for the highest offense. Cone v. State, Fla.1973, 285 So. 2d 12; Simmons v. State, Fla.App.2d 1973, 287 So. 2d 369; Smith v. State, Fla. App.2d 1974, 287 So. 2d 404. The sentence on the lesser “firearm” charge is vacated, and the judgment is Affirmed as modified. MANN, C. J., and GRIMES, J., concur.…
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Marwell Jon Smith v. State, 294 So. 2d 90 (Fla. 1974)…Certiorari denied. 287 So. 2d 404. ADKINS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.…
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- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Cone v. State, 285 So. 2d 12 (Fla. 1973)
- Dean v. State, 277 So. 2d 13 (Fla. 1973)
- Carey A. Reams v. State, 279 So. 2d 839 (Fla. 1973)