State v. Sune

District Court of Appeal of Florida

State v. Sune

360 So. 2d 1128, 1978 Fla. App. LEXIS 16294

CourtDistrict Court of Appeal of Florida

DecidedJuly 18, 1978

DocketNo. 77-1118

StatusPublished

Cited by1 cases

This text of 360 So. 2d 1128 (State v. Sune) 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

State v. Sune, 360 So. 2d 1128, 1978 Fla. App. LEXIS 16294 (Fla. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

The defendants, George N. Sune and Robert Delgado, were charged by information with bribery, unlawful compensation and conspiracy, all growing out of a single criminal episode.

The trial court sua sponte entered an order requiring the state to elect between the counts of bribery under Section 838.015, Florida Statutes (1977), and unlawful compensation under Section 838.016, Florida Statutes (1977). From this order the state appeals. We reverse.

A single criminal episode can be violative, of more than one criminal statute, and the defendants may be tried for and convicted of either or both counts. See State v. Peav[1129]*1129ey, 326 So.2d 461 (Fla. 2d DCA 1976); Fayerweather v. State, 332 So.2d 21 (Fla.1976).

Reversed.

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