DRAYTON v. STATE

Nos. 75-359 and 75-360.

320 So.2d 23 (1975)

George DRAYTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 2, 1975.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Judge.

The appellant, George Drayton, has failed to demonstrate reversible error with regard to his convictions for assault with intent to commit rape and breaking and entering a dwelling house with intent to commit a felony, to wit: rape and committing an assault upon a person lawfully therein.

The only question before us is whether appellant's convictions of said offenses are each a facet or phase of the same criminal transaction.

The assault...

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