Williams v. State

Richard WILLIAMS v. STATE of Florida

Williams v. State, 349 So. 2d 800 (Fla. Dist. Ct. App. 1977)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: September 7, 1977
Docket: No. 77-248
Judges: Grimes, Ott, Scheb
Citations: 349 So. 2d 8001977 Fla. App. LEXIS 16376

Cited by 3

Opinion of the Court

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PER CURIAM.

Appellant was convicted of possessing a controlled substance with intent to deliver and delivering a controlled substance. Both crimes were charged under Section 893.-13(1)(a)1, Florida Statutes (1975). Both crimes occurred during a single episode in which the appellant delivered heroin to an undercover agent.

Appellant received a fifteen year sentence on count I and a five year concurrent sentence on count II. The sentence on count II must be set aside because both of the crimes were a facet of the same transaction. Orange v. State, 334 So.2d 277 (Fla. 3d DCA 1976). The state’s reliance upon Section 775.021(4), Florida Statutes (Supp. *801 1976), is misplaced because this new statute only mandates separate sentencing where a person has committed an act in the course of one criminal transaction which constitutes a violation of two or more criminal statutes.

Appellant’s second point is without merit.

The judgments and the sentence on count I are affirmed. The sentence on count II is hereby set aside.

GRIMES, A. C. J., and SCHEB and OTT, JJ., concur.

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Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Bass v. State380 So. 2d 1181 (Fla. Dist. Ct. App. 1980)
Walton v. State360 So. 2d 50 (Fla. Dist. Ct. App. 1978)
Rushing v. State355 So. 2d 501 (Fla. Dist. Ct. App. 1978)

Most recent

Bass v. State380 So. 2d 1181 (Fla. Dist. Ct. App. 1980)
Walton v. State360 So. 2d 50 (Fla. Dist. Ct. App. 1978)
Rushing v. State355 So. 2d 501 (Fla. Dist. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Orange v. State, 334 So. 2d 277 (Fla. Dist. Ct. App. 1976)	8

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