Cone v. State, 42760
| Decision Date | 07 March 1973 |
| Docket Number | No. 42760,42760 |
| Citation | 285 So.2d 12 |
| Parties | Clifford CONE and Nathaniel Sanders, Petitioners, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
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.
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 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 State of Florida, on the 10th day of June...
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