History
  • No items yet
midpage
Ray v. State
320 So. 2d 426
Fla. Dist. Ct. App.
1975
Check Treatment
PER CURIAM.

This is an appeal from judgments entered upon guilty pleas for sexual battery, attempted sexual battery and breaking and entering a dwelling house with intent to commit a felony, to wit: sexual battery, and after having entered making an assault upon a woman lawfully within the dwelling house. The appellant was sentenced to fifteen years for the sexual battery. He was given concurrent five year sentences for the other two offenses to run consecutive to the fifteen year sentence.

The judgments are affirmed. The sexual battery was a different incident than those which formed the basis for the other two charges. However, the attempted sexual battery for which the appellant was convicted was an essential element of the breaking and entering charge. Therefore, the sentence for attempted sexual battery must be vacated as violating the single transaction rule. Drayton v. State, Fla.App.2d, 1975, 320 So.2d 23; Trousdale v. State, Fla.App.2d, 1974, 287 So.2d 721.

BOARDMAN, Acting C. J., and GRIMES and SCHEB, JJ., concur.

Case Details

Case Name: Ray v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 15, 1975
Citation: 320 So. 2d 426
Docket Number: No. 75-830
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.