Florida District Courts of Appeal, 1974

Nettles v. State

Nettles v. State
Florida District Courts of Appeal · Decided February 15, 1974 · Hobson, Mann, Nulty
293 So. 2d 378; 1974 Fla. App. LEXIS 7627 (Southern Reporter, Second Series)

Nettles v. State

Opinion of the Court

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.

070rehearing

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.

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