Florida District Courts of Appeal, 1982

Thomas v. State

Florida District Courts of Appeal · Decided February 17, 1982 · Alan, Dell, Downey, Schwartz

409 So. 2d 1185; 1982 Fla. App. LEXIS 19297 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Cipollina v. State (Fla. Dist. Ct. App. 1986)
Van Drake v. State (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Applying the “interlocking confession” rule we reject the defendant’s claim of harmful error in denying a severance and admitting the incriminating statement of his co-defendant. Parker v. Randolph, 442 U.S. 62, 99 S.Ct. 2132, 60 L.Ed.2d 713 (1979); Damon v. State, 397 So.2d 1224 (Fla.3d DCA 1981). His challenges to the retention of jurisdiction over the first third of his fifteen year sentence for third-degree murder under Section 947.16(3), Florida Statutes (1979) are similarly without merit. Borden v. State, 402 So.2d 1176 (Fla. 1981); Arnett v. State, 397 So.2d 330 (Fla. 1st DCA 1981); Moore v. State, 392 So.2d 277 (Fla. *11865th DCA 1981). Because, however, grand theft was obviously the underlying felony which supported the finding that the appellant was guilty of third degree felony murder, the sentence, though not the conviction, for grand theft must be set aside. State v. Hegstrom, 401 So.2d 1342 (Fla. 1981). The judgments under review are otherwise entirely affirmed.

DOWNEY and DELL, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.

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