Sloan v. State, 75--287
| Decision Date | 10 December 1975 |
| Docket Number | No. 75--287,75--287 |
| Citation | 323 So.2d 278 |
| Parties | Amos John SLOAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John C. Lenderman, St. Petersburg, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.
The defendant, Amos John Sloan, was convicted of robbery and two counts of aggravated assault. He was sentenced to life imprisonment on the conviction of robbery and to five years imprisonment on each of the aggravated assault charges, with all sentences to run consecutively.
We have examined the record and briefs and find the only question on appeal which merits discussion is whether the trial court erred in sentencing the defendant on the convictions of aggravated assault in addition to the sentence for the crime of robbery.
The victim of the robbery was one Guinevere Bulatowicz. She was assaulted by the defendant with a baseball bat during the commission of the robbery. This assault being the force involved in the robbery merged into and became part of the offense of robbery. Hernandez v. State, Fla.App.2d 1973, 278 So.2d 307. Not so as to the assault upon Richard Mitchell who was at the scene of the robbery and was also assaulted by the defendant with the baseball bat. This assault having been perpetrated against a different victim obviously did not merge into the robbery, nor was it part of the same transaction as the robbery merely because the two crimes were committed contemporaneously. Ellis v. State, Fla.App.2d 1974, 298 So.2d 527; Harris v. State, Fla.App.2d 1973, 286 So.2d 32.
Accordingly, the judgment and sentence of the defendant for robbery are affirmed. The judgment and sentence for aggravated assault upon Guinevere Bulatowicz are vacated; and the judgment and sentence for aggravated assault on Robert Mitchell are affirmed.
for the reasons stated herein, I respectfully dissent from that part of the majority opinion pertaining to the disposition of the aggravated assault committed upon Guinevere Bulatowicz holding that said offense merges into the robbery under the rationale of Hernandez v. State, Fla.App.2d, 1973, 278 So.2d 307; for, as I read the record, the aggravated assault was a separate and distinct crime from that of the robbery.
Admittedly, a close question is presented; but I...
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Hegstrom v. State
...243 So.2d 469 (Fla. 3dDCA 1971) (setting aside the sentence only), with Heisterman v. State, 327 So.2d 839 (Fla. 3dDCA 1976); and Sloan v. State, 323 So.2d 278 (Fla. 2dDCA 1975) (setting aside the judgment). Only Kimbrough v. State, 356 So.2d 1294 (Fla. 4thDCA 1978), and, to a lesser extent......
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Lindsey v. State, s. 80-95
...the robbery and, therefore, the crime of false imprisonment merged into the greater crime of robbery. See, e.g., Sloan v. State, 323 So.2d 278 (Fla. 2d DCA 1975); Hernandez v. State, 278 So.2d 307 (Fla. 2d DCA 1973); Adkins, Florida Criminal Law and Procedure, § 32.11 (4th ed. 1977). The Fi......
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Kimbrough v. State, 76-1511
...offenses of grand larceny which were part of higher robbery offenses for which defendant was also convicted. See also Sloan v. State, 323 So.2d 278 (Fla.2d DCA 1975) (assault merged into In Heisterman v. State, 327 So.2d 839 (Fla.3d DCA 1976), the defendant committed only one criminal act i......