Kalway v. State

District Court of Appeal of Florida

Kalway v. State

504 So. 2d 792, 12 Fla. L. Weekly 930, 1987 Fla. App. LEXIS 7512

CourtDistrict Court of Appeal of Florida

DecidedApril 1, 1987

DocketNo. 87-327

StatusPublished

Cited by2 cases

This text of 504 So. 2d 792 (Kalway 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.

Bluebook

Kalway v. State, 504 So. 2d 792, 12 Fla. L. Weekly 930, 1987 Fla. App. LEXIS 7512 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

James Kalway appeals the denial of his motion for correction of sentence. We affirm.

Appellant, citing Palmer v. State, 438 So.2d 1 (Fla.1983), asserts that the trial court imposed an illegal sentence of two consecutive life imprisonment sentences. Appellant contends that he was convicted of two counts which arose from a single criminal transaction and that the sentences should have been concurrent.

The trial judge’s order points out that appellant was convicted of two counts of first degree murder. In State v. Enmund, 476 So.2d 165 (Fla.1985), the supreme court held that Palmer does not control a situation involving separate and distinct homicides and that the trial court has the discretion to impose either consecutive or concurrent sentences.

Accordingly, we affirm.

SCHOONOVER, A.C.J., and FRANK and SANDERLIN, JJ., concur.

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