Austile v. State

District Court of Appeal of Florida

Austile v. State

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

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 1974

DocketNos. 73-893 and 73-894

StatusPublished

This text of 301 So. 2d 30 (Austile v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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.

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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.

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301 So. 2d 30, 1974 Fla. App. LEXIS 8510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austile-v-state-fladistctapp-1974.

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