Opinion
Nos. 72-417, 72-511.
February 15, 1974. Rehearing Denied May 10, 1974, in No. 72-417.
Appeal from the Court of Record, Hillsborough County, Herboth S. Ryder, J.
Thomas J. Hanlon, Tampa, for appellant Nettles.
W. Daniel Kearney, Asst. Public Defender, Bradenton, for appellant Burr.
Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellee.
Appellants were convicted of breaking and entering with intent to commit a felony and grand larceny, each arising out of the same episode, and were sentenced concurrently on both offenses. Accordingly, we vacate the sentence on the lesser offense for reasons explained in Edmond v. State, Fla.App.2d 1973, 280 So.2d 449, without requiring that the appellant be returned to the trial court. In all other respects the judgment and valid sentence are
Affirmed.
MANN, C.J., and HOBSON and McNULTY, JJ., concur.
ON PETITION FOR REHEARING OF CASE NO. 72-417
We agree that Smith v. Illinois, 1968, 390 U.S. 129, 88 S.Ct. 748, 19 L.Ed.2d 956, is pertinent to the inquiry into the true name of a witness. In the present case, however, the defendant knew and established the witness' name and current marital status and appears not to have been deprived in any respect to his right to confront witnesses. The error, if any, is harmless.
Petition for rehearing is denied.
MANN, C.J., and HOBSON and McNULTY, JJ., concur.