Nettles v. State, 293 So. 2d 378

Lead Opinion

PER CURIAM.

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 Mc-NULTY, JJ„ concur.

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Rehearing

ON PETITION FOR REHEARING OF CASE NO. 72-417

PER CURIAM.

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 Mc-NULTY, JJ., concur.

Case Details

Case Name: Nettles v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 15, 1974

Citations: 293 So. 2d 378; 1974 Fla. App. LEXIS 7627; Nos. 72-417, 72-511

Docket Number: Nos. 72-417, 72-511

Court Abbreviation: Fla. Dist. Ct. App.