Legal Opinion

Colon v. State

District Court of Appeal of Florida

Decided September 25, 1973No. 72-928Published

1Per curiam

Defendant contends (and the State concedes) that the offenses charged under Counts 1 and 2 were facets or phases of the same criminal transaction for which a single sentence should have been imposed. Moody v. State, Fla.App.1973, 279 So.2d 909; Lietch v. State, Fla.App.1971, 248 So.2d 203. Accordingly, defendant’s convictions are affirmed but sentences on Counts 1 and 2 are vacated and the cause remanded with directions that defendant be resentenced in accordance with this opinion.

OWEN, C. J., and WALDEN and MAGER, JJ., concur.

2Cases cited2 opinions

  1. Lietch v. StateDistrict Court of Appeal of Florida · 1971
  2. Moody v. StateDistrict Court of Appeal of Florida · 1973