Baggett v. State, 72--736
| Decision Date | 04 January 1974 |
| Docket Number | No. 72--736,72--736 |
| Citation | 287 So.2d 336 |
| Parties | Michael A. BAGGETT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James A. Gardner, Public Defender, and Elliott C. Metcalfe, Jr., Asst. Public Defender, Bradenton, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.
Appellant was convicted, adjudged guilty, and sentenced to seven years imprisonment on a charge of breaking and entering with intent to commit a felony, and to five years on a charge of grand larceny, to run consecutively.
Upon a review of the briefs and record on appeal, we are of the opinion that the evidence was sufficient to sustain a conviction.
Although not raised on appeal, we conclude that in light of the facts and circumstances of this case the trial court erred in imposing upon appellant two separate sentences on two crimes which were facets of the same transaction, 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 case is remanded for the purpose of vacating the sentence as to grand larceny and resentencing appellant on the judgment for breaking and entering.
Remanded with directions.
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Estevez v. State
...277 So.2d 300 (Fla.App.1973), Edmond v. State, 280 So.2d 449 (Fla.App.1973), cert. denied 287 So.2d 690 (Fla.1973), and Baggett v. State, 287 So.2d 336 (Fla.App.1974). Petitioner was informed against, tried and convicted of the crime of breaking and entering a dwelling with intent to commit......
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Hardrick v. State, 73--32
...precludes the additional imposition of a maximum sentence for grand larceny shown as proof of felonious intent. See also Baggett v. State, Fla.App.2d 1974, 287 So.2d 336; Gelis v. State, Fla.App.2d 1973, 287 So.2d 368; Nettles v. State, Fla.App.2d 1974, 293 So.2d Accordingly, this cause is ......
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Baggett v. State, 74--323
...point on constitutional grounds, if necessary, but for the moment the common sense of the situation seems to suffice. 1 Baggett v. State (Fla.App.2d 1974), 287 So.2d 336.2 (Fla.1973), 285 So.2d 12.3 In retrospect, the Cone case, Supra, may have been the wrong authority upon which to rely si......
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Baggett v. State, 44932
...Michael A. BAGGETT, Petitioner, v. STATE of Florida, Respondent. No. 44932. Supreme Court of Florida. April 30, 1974. Certiorari denied. 287 So.2d 336. ROBERTS, Acting C.J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., ...