Estevez v. State, 73--875
| Decision Date | 26 February 1974 |
| Docket Number | No. 73--875,73--875 |
| Citation | 290 So.2d 138 |
| Parties | Ciro ESTEVEZ, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Steven Rappaport, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., Joel Rosenblatt, Asst. Atty. Gen., and Wayne Ripley, Jr., Legal Intern, for appellee.
Before BARKDULL, C.J., and CARROLL and HAVERFIELD, JJ.
The appellant was informed against, tried before the court without a jury and found guilty of the crime of breaking and entering a dwelling with intent to commit a felony, to-wit, grand larceny, and of the crime of grand larceny. Separate sentences were imposed thereon for imprisonment for a period of three years, with provision for the sentences to be served concurrently.
On appeal therefrom the appellant contends the court erred in denying his motion for acquittal, on the ground of insufficiency of the evidence, and further that it was error to impose more than one sentence. We hold no reversible error has been shown.
On this record we must reject the appellant's contention of insufficiency of the evidence. In addition to certain evidence pointing to guilt of the offenses was the feature that the appellant was found in possession of recently stolen property (being that taken from the residence), with no reasonable explanation thereof by him.
Relying on Yost v. State, Fla.App.1971, 243 So.2d 469, 471, the appellant argues that the two crimes involved in this case were facets of the same transaction, and that it was error to impose separate sentences therefor.
In Yost v. State, supra, this court, citing an earlier decision of the Supreme Court and decisions of the district courts, said: 'In Florida, where an information contains more than one count, but each is a facet or phase of the same transaction, only one sentence should be imposed; and the sentence which should be imposed is for the highest offense charged.' The crimes to which that principle was applied there, unlawful sale of marijuana and unlawful possession of marijuana, by the evidence were shown to have been facets of the one transaction on a given date, in that the marijuana which was the subject of the charge of possession was that which was shown to have been the subject of the alleged unlawful sale.
The appellant cites Davis v. State, Fla.App.1973, 277 So.2d 300, and Edmond V. State, Fla.App.1973, 280 So.2d 449, both decided by the second district court of appeal. In the Davis case, with reference to a charge and conviction of the crimes of breaking and entering with intent to commit petit larceny, and petit larceny, the court said: 'As to the breaking and entering and petit larceny...
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Estevez v. State
...us on certiorari granted to review the decision of the District Court of Appeal, Third District, in Estevez v. State, reported at 290 So.2d 138 (Fla.App.1974), which purportedly conflicts with Davis v. State, 277 So.2d 300 (Fla.App.1973), Edmond v. State, 280 So.2d 449 (Fla.App.1973), cert.......
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D.G. v. State, 88-850
...N.C. v. State, 478 So.2d 1142, 1144 (Fla. 1st DCA 1985); Ridley v. State, 407 So.2d 1000, 1001 (Fla. 5th DCA 1981); Estevez v. State, 290 So.2d 138, 139 (Fla. 3d DCA 1974). In the instant case, the juvenile D.G. was arrested driving the complainant's automobile without the complainant's per......
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Kelsey v. State, V--313
...and opinion of the writer hereof and is in accordance with Steele v. Mayo, Sup.Ct.Fla.1954, 72 So.2d 386 and Estevez v. State, Fla.App.3rd 1974, 290 So.2d 138. However, the above views are in direct conflict with Davis v. State, Fla.App.2nd 1973, 277 So.2d 300 and Edmond v. State, Fla.App.2......
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Pettigrew v. State, 73--1025
...Fla.App.1973, 277 So.2d 300, and Edmond v. State, Fla.App.1973, 280 So.2d 449, the Third District Court of Appeal in Estevez v. State, Fla.App.1974, 290 So.2d 138, held, as did this court in White v. State, supra, that the offense of breaking and entering with intent to commit a felony, to-......