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eBook details

• Title: State Florida v. Thomas Baker
• Author : Supreme Court of Florida
• Release Date : January 07, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This is a petition to review a decision of a district court. Baker v. State, 431 So.2d 263 (Fla. 5th DCA 1983). The decision conflicts with the decision of another district courts, Vitko v. State, 363 So.2d 42 (Fla. 2d DCA 1978). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Baker and an accomplice were arrested after an armed robbery. Baker was charged with: Count I, aggravated assault with a deadly weapon, Section 784.021(1)(a), Florida Statutes (1979), because he pointed a shotgun at the robbery victim; Count II, armed robbery, section 812.13(2)(a), Florida Statutes (1979), because he and the accomplice took money and property from the robbery victim; and County III, attempted murder as a principal in the first degree, sections 777.011, 777.04(1), 782.04(1)(a), Florida Statutes (1979), because his accomplice shot a bystander during the robbery. Baker pleaded guilty to all three charges under a plea agreement, and was sentenced to serve five years for count I, life imprisonment for count II, and thirty years for count III. The sentences were to run concurrently with the exception of the three-year minimum sentences required for counts I and II, which were to be served consecutively. As part of the plea agreement, Baker reserved the right to appeal the sentences on all three charges on the ground that under the single transaction rule only one sentence could be imposed for the three offenses. Baker also reserved the right to appeal the consecutive three-year sentences for counts I and II.

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