Austile v. State

District Court of Appeal of Florida

Austile v. State

301 So. 2d 30, 1974 Fla. App. LEXIS 8510

District Court of Appeal of Florida·Decided September 30, 1974·No. Nos. 73-893 and 73-894·Published

Opinion

PER CURIAM.

Austile was properly adjudicated guilty of the offenses of breaking and entering with intent to commit grand larceny and grand larceny. See Platt v. State, Fla.App.2d, 1974, 291 So.2d 96. He received a single sentence of three years imprisonment. Since both these offenses arose out of the same transaction, the sentence [31]*31shall be considered to relate to the more serious offense of breaking and entering, and the trial court records should be amended accordingly. Edmond v. State, Fla.App.2d, 1973, 280 So.2d 449.

A period of probation was also properly imposed as to a separate offense which arose out of a different transaction, although the period of probation begins to run upon completion of the sentence imposed for the offense of breaking and entering. Sturn v. State, Fla.App.2d, 1974, 295 So.2d 713; Harris v. State, Fla.App. 4th, 1973, 278 So.2d 306.

Affirmed.

MANN, C. J., and BOARDMAN and GRIMES, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Austile was properly adjudicated guilty of the offenses of breaking and entering with intent to commit grand larceny and grand larceny. See Platt v. State, Fla.App.2d, 1974, 291 So.2d 96. He received a single sentence of three years imprisonment. Since both these offenses arose out of the same transaction, the sentence [31]*31shall be considered to relate to the more serious offense of breaking and entering, and the trial court records should be amended accordingly. Edmond v. State, Fla.App.2d, 1973, 280 So.2d 449.

A period of probation was also properly imposed as to a separate offense which arose out of a different transaction, although the period of probation begins to run upon completion of the sentence imposed for the offense of breaking and entering. Sturn v. State, Fla.App.2d, 1974, 295 So.2d 713; Harris v. State, Fla.App. 4th, 1973, 278 So.2d 306.

Affirmed.

MANN, C. J., and BOARDMAN and GRIMES, JJ., concur.

Austile v. State, 301 So. 2d 30, 1974 Fla. App. LEXIS 8510 (Fla. Ct. App. 1974).

Pincite

301 So. 2d 30 (Austile v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related