Legal Opinion

Drayton v. State

District Court of Appeal of Florida

Decided September 17, 1975No. Nos. 75-359 and 75-360PublishedCited by 2 opinions

1Opinion of the Court

BOARDMAN, Judge.

The appellant, George Drayton, has failed to demonstrate reversible error with regard to his convictions for assault with intent to commit rape and breaking and entering a dwelling house with intent to commit a felony, to wit: rape and committing an assault upon a person lawfully therein.

The only question before us is whether appellant’s convictions of said offenses are each a facet or phase of the same criminal transaction.

The assault was an essential element of both of said charges and was committed in connection with the attempted rape. Thus, the two offenses were facets of…

2Cases cited1 opinion

  1. Trousdale v. StateDistrict Court of Appeal of Florida · 1974

3Cited by2 opinions

  1. Yanetta v. StateDistrict Court of Appeal of Florida · 1975
  2. Ray v. StateDistrict Court of Appeal of Florida · 1975

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