Legal Opinion · Dissent

Sellars v. State

District Court of Appeal of Florida

Decided July 18, 1978No. GG-396Published

1DissentBooth, Judge

I would grant rehearing and affirm the separate sentences below for use of a firearm during the commission of a felony. Florida Statute § 775.021(4), effective October 1, 19761, provides:

“Whoever, in the course of one criminal transaction or episode, commits an act or acts constituting a violation of two or more criminal statutes, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal offense, excluding lesser included offenses, committed during said criminal episode, and the sentencing judge may order' the sentences to be served concurrently or…

2Cases cited8 opinions

  1. Cone v. StateSupreme Court of Florida · 1973
  2. Jenkins v. WainwrightSupreme Court of Florida · 1975
  3. Estevez v. StateSupreme Court of Florida · 1975
  4. Johnson v. StateDistrict Court of Appeal of Florida · 1976
  5. State v. RaySupreme Court of Florida · 1976

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