Legal Opinion

Stovall v. State

District Court of Appeal of Florida

Decided February 7, 1973No. 72-1041PublishedCited by 1 opinion

1Per curiam

In this appeal, the appellant presents three points. The first point urges error in sentencing because the trial court sentenced the appellant for both the sale and possession of a narcotic drug when the crime arose out of the same transaction. See Yost v. State, Fla.App.1971, 243 So.2d 469. In the present instance, appellant was sentenced to three years upon each of the named crimes, the sentences to run concurrently. Under these circumstances, it is not necessary to remand the cause to the trial court. See Johnson v. State, Fla.App.1972, 260 So.2d 212; Martin v. State, Fla.App.1971, 251…

2Cases cited5 opinions

  1. Yost v. StateDistrict Court of Appeal of Florida · 1971
  2. Martin v. StateDistrict Court of Appeal of Florida · 1971
  3. Langford v. StateSupreme Court of Florida · 1933
  4. Johnson v. StateDistrict Court of Appeal of Florida · 1972
  5. Brosi v. StateDistrict Court of Appeal of Florida · 1972

3Cited by1 opinion

  1. United States v. Charles Frederick BowerCourt of Appeals for the Fifth Circuit · 1978

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