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Cooper v. State

District Court of Appeal of Florida, Third District
Apr 21, 1975
310 So. 2d 342 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-902.

January 28, 1975. Rehearing Denied April 21, 1975.

Appeal from the Circuit Court, Dade County, Gene Williams, J.

Phillip A. Hubbart, Public Defender and Steven Rappaport, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Lance R. Stelzer, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.


The appellant, Robert Lee Cooper, was accused of violating the terms of his probationary sentence in that he failed to live and remain at liberty without violating any law.

Following a hearing to determine if his probation should be revoked, the trial judge found that the appellant had violated his probation, which he revoked, and he sentenced the appellant to serve seven years imprisonment for breaking and entering with intent to commit grand larceny and two years for grand larceny, the sentences to run concurrently.

As his only point on appeal, the appellant contends that the court erred in imposing concurrent sentences for both offenses since the crimes arise out of the same transaction and only one sentence should have been imposed.

Both the appellant and the state have cited this court's holding in Estevez v. State, Fla.App. 1974, 290 So.2d 138, in which we held that separate sentences may be imposed for the two offenses involved in this case.

Both sides also have apprised us that the Florida Supreme Court has granted a writ of certiorari to review our holding in Estevez. However, until such time as the Supreme Court may state otherwise, we adhere to our decision in Estevez, and that opinion is controlling authority in the instant case.

Therefore, for the reasons stated, the order revoking the appellant's probation and his sentence to incarceration in the state penitentiary is affirmed.

Affirmed.


Summaries of

Cooper v. State

District Court of Appeal of Florida, Third District
Apr 21, 1975
310 So. 2d 342 (Fla. Dist. Ct. App. 1975)
Case details for

Cooper v. State

Case Details

Full title:ROBERT LEE COOPER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 21, 1975

Citations

310 So. 2d 342 (Fla. Dist. Ct. App. 1975)