Opinion
No. 82-1349.
May 17, 1983.
Appeal from the Circuit Court, Dade County, Ellen Morphonios Gable, J.
Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
Because we find that the aggravated assault and the subsequent murder of a witness to the aggravated assault were offenses related in sequence by a causal connection, we find no error in the trial court's denial of defendant's motion to sever. Paul v. State, 385 So.2d 1371 (Fla. 1980); Parker v. State, 421 So.2d 712 (Fla. 3d DCA 1982); see Clark v. State, 379 So.2d 97 (Fla. 1979). Compare Finlay v. State, 424 So.2d 967 (Fla. 3d DCA 1983) (finding that burglary and theft of car eight days prior to defendant's commission of traffic infraction with stolen car, which led to aggravated assault with gun used in robbery, were causally unconnected to later offenses).
Affirmed.
UPON MOTION FOR REHEARING
We affirmed the conviction as indicated in our opinion dated May 17, 1983, but we remand the cause to enable the trial court to correct the sentences to reflect a retention of jurisdiction in accordance with the order of the court entered May 26, 1982, and with applicable law.