Martin v. State, O--361
| Decision Date | 17 August 1971 |
| Docket Number | No. O--361,O--361 |
| Citation | 251 So.2d 283 |
| Parties | Benjamin MARTIN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, III, Public Defender, and Robert P. Davidow, Sp. Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.
Defendant appeals judgments of conviction and sentences of the following crimes, viz.: Possession of heroin on May 13, 1970; Sale of heroin on May 13, 1970; Sale of cocaine on May 14, 1970; Possession of heroin on May 15, 1970; and Sale of heroin on May 15, 1970. Sentences of 5 years for each conviction were imposed by the trial judge to be served concurrently.
Two points are asserted by defendant on appeal. First, he contends that the court committed reversible error in allowing the jury, over his objection, to take the information into the jury room. Such contention is without merit. Roberts v. State, 188 So.2d 392 (Fla.App.3d, 1966).
Defendant's second point pertains to the sentences upon each count of the information. The convictions of possession and sale of heroin on the 13th day of May, 1970, were upon a facet or phase of the same transaction. The same is true of the convictions of possession and sale of heroin on the 15th day of May, 1970. As stated in Wells v. State, 168 So.2d 787 (Fla.App.3d, 1964):
* * *'
Also see Yost v. State, 243 So.2d 469 (Fla.App.3d, 1971). We consider the sale of the contraband to be the more serious, or highest, offense, therefore, the sentences imposed for possession of heroin on the 13th day of May, 1970, and possession of heroin on the 15th day of May, 1970, are set aside. The sentences imposed for sale of heroin on the 13th day of May, 1970, the sale of cocaine on the 14th day of May, 1970, and the sale of heroin on the 15th day of May, 1970, are affirmed.
Affirmed in part and reversed in part.
To continue reading
Request your trial
-
Edmond v. State
...54 So.2d 190; Washington v. State, 1906, 51 Fla. 137, 40 So. 765; Sparks v. State, Fla.App.4th 1972, 256 So.2d 537; Martin v. State, Fla.App.1st 1971, 251 So.2d 283; Keenan v. State, Fla.App.2d 1971, 253 So.2d 273; Weeks v. State, Fla.App.3d 1971, 253 So.2d 459; Yost v. State, Fla.App.3d 19......
-
Wheeler v. State
...transaction where each offense was a facet of the transaction. Simmons v. State, 151 Fla. 778, 10 So.2d 436 (1942); Martin v. State, 251 So.2d 283 (Fla. 1st DCA 1971); Yost v. State, 243 So.2d 469 (Fla. 3d DCA 1971). In 1974, the Florida Legislature created section 775.021, Florida Statutes......
-
Orange v. State, 75--1175
...contemporaneously with the sale. Yost v. State, Fla.App.1971, 243 So.2d 469; Easton v. State, Fla.App.1971, 250 So.2d 294; Martin v. State, Fla.App.1971, 251 So.2d 283; Torres v. State, Fla.App.1972, 262 So.2d 458; Brown v. State, Fla.App.1972, 264 So.2d 28; Gonzales v. State, Fla.App.1972,......
-
Hunt v. State, Q-24
...imposed in this cause, however, are illegal under the rule laid down in Yost v. State, 243 So.2d 469 (Fla.App.1971) and Martin v. State, 251 So.2d 283 (Fla.App.1971). The latter case is directly in point, involving the sale and possession of heroin. In our opinion in that case we said: 'Def......