GERROLD D. DAVIS A/K/A MAX KNUBLETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HOBSON, Judge.
Appellant pled guilty to charges of robbery, assault with intent to commit rape, and having a firearm while committing or attempting to commit a felony, to wit, robbery. He was adjudged guilty and sentenced to life imprisonment on the robbery charge, and to fifteen years on each of the other charges, the sentences to run concurrently.
The grounds relied upon by appellant for reversal of the judgment are without merit.
The lower court erred, however, in imposing a separate sentence for having a firearm while committing or attempting to commit a felony, to wit, robbery, since the “firearm” 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nowlin v. State, 320 So. 2d 468 (Fla. 4th DCA 1975)…ppellant to serve consecutive sentences of life imprisonment, fifteen years and five years. The state maintains that assault with intent to commit a felony and robbery are not part of the same transaction, relying upon Davis v. State, Fla.App.1974, 295 So. 2d 124; and Still v. State, Fla.App.1974, 296 So. 2d 67. We fail to find support for that proposition' in the Davis case and we disagree with the breadth of the statement in Still. From the opinion in the latter case one cannot determine the factual settin…
Authorities Cited
- Cone v. State, 285 So. 2d 12 (Fla. 1973)
- Marwell Jon Smith v. State, 287 So. 2d 404 (Fla. 2d DCA 1974)
- Simmons v. State, 287 So. 2d 369 (Fla. 2d DCA 1973)