Rusnak v. State

District Court of Appeal of Florida

Rusnak v. State

336 So. 2d 1227, 1976 Fla. App. LEXIS 15430

CourtDistrict Court of Appeal of Florida

DecidedSeptember 8, 1976

DocketNos. 75-1145, 75-1146

StatusPublished

This text of 336 So. 2d 1227 (Rusnak 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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Rusnak v. State, 336 So. 2d 1227, 1976 Fla. App. LEXIS 15430 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

Appellant pled guilty to robbery as charged in count one of an information, and use of a firearm in commission of a felony as charged in count two of the information. He entered a plea of nolo contendere to assault to commit murder in the first degree as charged in a separate information.. Appellant was sentenced to life imprisonment for the robbery, five years for the use of the firearm, and ten years for the assault.

The firearm charged in count two was the one, used by appellant in the commission of the robbery charged in count one of the information, and therefore the two violations were a part of the same criminal act. On authority of Cone v. State, Fla.1973, 285 So.2d 12, the sentence imposed under count two for the use of the firearm is hereby vacated. Otherwise, the judgments and sentences are affirmed.

McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.

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PER CURIAM.

Appellant pled guilty to robbery as charged in count one of an information, and use of a firearm in commission of a felony as charged in count two of the information. He entered a plea of nolo contendere to assault to commit murder in the first degree as charged in a separate information.. Appellant was sentenced to life imprisonment for the robbery, five years for the use of the firearm, and ten years for the assault.

The firearm charged in count two was the one, used by appellant in the commission of the robbery charged in count one of the information, and therefore the two violations were a part of the same criminal act. On authority of Cone v. State, Fla.1973, 285 So.2d 12, the sentence imposed under count two for the use of the firearm is hereby vacated. Otherwise, the judgments and sentences are affirmed.

McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.

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336 So. 2d 1227, 1976 Fla. App. LEXIS 15430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rusnak-v-state-fladistctapp-1976.

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