Cone v. State, No. 42760

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; CARLTON
Citation285 So.2d 12
PartiesClifford CONE and Nathaniel Sanders, Petitioners, v. STATE of Florida, Respondent.
Docket NumberNo. 42760
Decision Date07 March 1973

Page 12

285 So.2d 12
Clifford CONE and Nathaniel Sanders, Petitioners,
v.
STATE of Florida, Respondent.
No. 42760.
Supreme Court of Florida.
March 7, 1973.
Rehearing Denied Dec. 4, 1973.

C. David Fonvielle and John Wayne Hogan, Asst. Public Defenders, for petitioner.

Robert L. Shevin, Atty. Gen. and H. Tucker Cotton and William E. Whitlock, III, Asst. Attys. Gen., for respondent.

PER CURIAM.

We review on conflict certiorari the per curiam without opinion decision of the District Court of Appeal, First District, in the case of Cone v. State, 25 So.2d 108.

The question presented is whether the trial court erred in imposing upon defendants herein separate concurrent sentences (1) for the offense of armed robbery (life imprisonment) and (2) for the offense of displaying or using a firearm during the commission of the robbery (twenty years imprisonment) on the ground that according to the record proper herein each of the two offenses was a facet or phase of the same transaction or crime and the only sentence that should have been imposed was for the highest offense, i.e., armed robbery.

Petitioners contend the decision of the District Court conflicts with Simmons v. State, 151 Fla. 778, 10 So.2d 436, and Easton v. State, DCA2d, 250 So.2d 294, which hold that 'where an information contains more than one count, but each is a facet or phase of the same transaction, only one sentence may be imposed, and for the higher offense.'

Inspection of the record proper reveals the information filed in this case reads in salient part as follows:

'IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

GORDON G. OLDHAM, JR., State Attorney for the 5th Judicial Circuit of the State of Florida in and for Marion County, prosecuting for the State of Florida, in the said County, under oath, information makes that Clifford Cone and Nathaniel Sanders of the County of Marion and State of Florida, on the 10th day of June in the year of our Lord, one thousand nine hundred and seventy one, in the County and State aforesaid did, by force, violence, assault or putting in fear, feloniously rob, steal and take away from the person or custody of Barbara Kash, money or other property of

Page 13

Ocala Loan Company, Inc., a Florida Corporation, the subject of larceny, in violation of Florida Statute 813.011.

COUNT II:

'And the State Attorney aforesaid, under oath as aforesaid, further information makes that Clifford Cone and Nathaniel Sanders of the County of Marion and...

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77 practice notes
  • People v. Haron, No. 53472
    • United States
    • Supreme Court of Illinois
    • June 4, 1981
    ...1689, 68 L.Ed.2d 190; see Albernaz v. United States (1981), --- U.S. ----, 101 S.Ct. 1137, 67 L.Ed.2d 275; Cone v. Florida (Fla.1973), 285 So.2d 12; Wayne County Prosecutor v. Recorder's Court Judge (1979), 406 Mich. 374, 280 N.W.2d 793; Sours v. Missouri (Mo.1980), 593 S.W.2d 208; Grace v.......
  • Dorfman v. State, No. 50026
    • United States
    • United States State Supreme Court of Florida
    • July 28, 1977
    ...11 The Fourth District Court of Appeal apparently has not decided the issue. It has, however, applied our decision in Cone v. State, 285 So.2d 12 (Fla.1973), and held that a single sentence imposed for crimes charged in a dual-count information and representing facets of the same criminal t......
  • Nowlin v. State, No. 47061
    • United States
    • United States State Supreme Court of Florida
    • May 26, 1977
    ...who have failed to give him the warnings required by this Court. --------------- 1 320 So.2d 468 (Fla. 4th DCA 1975). 2 Cone v. State, 285 So.2d 12 3 The conflict gives us jurisdiction. Art. V, § 3(b)(3), Fla.Const. 1 State v. Retherford, 270 So.2d 363 (Fla.1972). 2 16 Cal.3d 124-26, 127 Ca......
  • Borges v. State, No. 60381
    • United States
    • United States State Supreme Court of Florida
    • April 8, 1982
    ...322 So.2d 477 (Fla.1975); Estevez v. State, 313 So.2d 692 (Fla.1975); Foster v. State, 286 So.2d 549 (Fla.1973); Cone v. State, 285 So.2d 12 (Fla.1973); Williams v. State, 337 So.2d 1038 (Fla. 1st DCA 1976), aff'd, 346 So.2d 67 (Fla.1977); Swyers v. State, 334 So.2d 278 (Fla. 3d DCA 1976); ......
  • Request a trial to view additional results
77 cases
  • People v. Haron, No. 53472
    • United States
    • Supreme Court of Illinois
    • June 4, 1981
    ...1689, 68 L.Ed.2d 190; see Albernaz v. United States (1981), --- U.S. ----, 101 S.Ct. 1137, 67 L.Ed.2d 275; Cone v. Florida (Fla.1973), 285 So.2d 12; Wayne County Prosecutor v. Recorder's Court Judge (1979), 406 Mich. 374, 280 N.W.2d 793; Sours v. Missouri (Mo.1980), 593 S.W.2d 208; Grace v.......
  • Dorfman v. State, No. 50026
    • United States
    • United States State Supreme Court of Florida
    • July 28, 1977
    ...11 The Fourth District Court of Appeal apparently has not decided the issue. It has, however, applied our decision in Cone v. State, 285 So.2d 12 (Fla.1973), and held that a single sentence imposed for crimes charged in a dual-count information and representing facets of the same criminal t......
  • Nowlin v. State, No. 47061
    • United States
    • United States State Supreme Court of Florida
    • May 26, 1977
    ...who have failed to give him the warnings required by this Court. --------------- 1 320 So.2d 468 (Fla. 4th DCA 1975). 2 Cone v. State, 285 So.2d 12 3 The conflict gives us jurisdiction. Art. V, § 3(b)(3), Fla.Const. 1 State v. Retherford, 270 So.2d 363 (Fla.1972). 2 16 Cal.3d 124-26, 127 Ca......
  • Borges v. State, No. 60381
    • United States
    • United States State Supreme Court of Florida
    • April 8, 1982
    ...322 So.2d 477 (Fla.1975); Estevez v. State, 313 So.2d 692 (Fla.1975); Foster v. State, 286 So.2d 549 (Fla.1973); Cone v. State, 285 So.2d 12 (Fla.1973); Williams v. State, 337 So.2d 1038 (Fla. 1st DCA 1976), aff'd, 346 So.2d 67 (Fla.1977); Swyers v. State, 334 So.2d 278 (Fla. 3d DCA 1976); ......
  • Request a trial to view additional results

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