Campbell v. State, 74-1373
Decision Date | 25 March 1975 |
Docket Number | No. 74-1373,74-1373 |
Citation | 310 So.2d 319 |
Parties | Harold CAMPBELL, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.
Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.
The controlling question on this appeal is:
Whether the trial court erred in imposing upon the defendant separate sentences for rape and unlawful possession of a firearm while engaged in a criminal offense where both charges arose out of the same transaction.
We think that the question is fully answered in the negative by the holding and the reasoning of the Supreme Court of Florida in Estevez v. State, Fla.1975, 313 So.2d 692.
Affirmed.
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...Zygadlo v. State, 341 So.2d 1053 (Fla. 1st DCA 1977); Davison v. State, 346 So.2d 1238 (Fla. 1st DCA 1977). Contra Campbell v. State, 310 So.2d 319 (Fla. 3d DCA 1975); Swyers v. State, 334 So.2d 278 (Fla. 3d DCA 1976); Johnson v. State, 338 So.2d 556 (Fla. 3d DCA The court additionally fail......
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...v. Wainwright, 322 So.2d 477 (Fla.1975); and State v. Ray, 331 So.2d 316 (Fla.1976). See also this court's decisions in Campbell v. State, 310 So.2d 319 (Fla.3d DCA 1975); and Swyers v. State, 334 So.2d 278 (Fla.3d DCA 1976). In the Campbell case, this court addressed the issue of whether t......
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