State v. Kirkland
| Citation | 322 So.2d 480 |
| Decision Date | 05 November 1975 |
| Docket Number | No. 46123,46123 |
| Parties | STATE of Florida, Petitioner, v. Charles Edward KIRKLAND and James Robert Luke, Respondents. |
| Court | United States State Supreme Court of Florida |
Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for petitioner, cross-respondent.
Richard W. Ervin, III, Public Defender, for respondents, cross-petitioners.
This is before us on petition for writ of certiorari to the First District Court of Appeal to review its decision reported at 299 So.2d 54 (Fla.App.1st 1974). Conflict exists with our decisions in Steele v. Mayo, 72 So.2d 386 (Fla.1954); Estevez v. State, 313 So.2d 692 (Fla.1975); and Jenkins v. Wainwright, 322 So.2d 477 (Fla.1975). We have jurisdiction. 1
The respondent was convicted of the following offenses arising from the same incident: (1) breaking and entering with intent to commit grand larceny; (2) petit larceny; and (3) possession of burglary tools. The First District concluded that the second and third offense were but facets of the first, and vacated the sentences for those offenses through the application of the so-called single transaction rule.
We reverse. Our decisions in Steele v. Mayo, supra, Estevez v. State, supra, and Jenkins v. Wainwright, supra, dispose of all issues.
This cause is remanded to the First District Court of Appeal with directions to reinstate the sentences which it vacated.
It is so ordered.
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Jackson v. State, 91-0963
...with possessing an otherwise innocent burglary tool used in the burglary he was also charged with committing. But see State v. Kirkland, 322 So.2d 480 (Fla.1975). In Simmons, 10 So.2d at 436, the defendant was charged with both attempted carnal intercourse and assault with intent to commit ......
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Borges v. State
...relied on for that conclusion, Kirkland v. State, 299 So.2d 54 (Fla. 1st DCA 1974), was reversed by the Supreme Court in State v. Kirkland, 322 So.2d 480 (Fla.1975); also see Jenkins v. Wainwright, 322 So.2d 477 (Fla.1975). We are equally cognizant of our recent holding in Haynes v. State, ......
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Johnson v. State
...the extent that it conflicts with this decision." Limited to its peculiar facts, Foster is still good law. See generally State v. Kirkland, 322 So.2d 480 (Fla.1975). ...
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Watson v. State, 75-432
...313 So.2d 692. See also Hall v. State, Fla.App.1972, 261 So.2d 521; Pettigrew v. State, Fla.App.1974, 295 So.2d 672; State v. Kirkland, Fla.1975, 322 So.2d 480. Compare Calvo v. State, Fla.App.1975, 313 So.2d ...