From Casetext: Smarter Legal Research

Kalway v. State

District Court of Appeal of Florida, Second District
Apr 1, 1987
504 So. 2d 792 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-327.

April 1, 1987.

Appeal from the Circuit Court, Pinellas County, Crockett Farnell, J.


James Kalway appeals the denial of his motion for correction of sentence. We affirm.

Appellant, citing Palmer v. State, 438 So.2d 1 (Fla. 1983), asserts that the trial court imposed an illegal sentence of two consecutive life imprisonment sentences. Appellant contends that he was convicted of two counts which arose from a single criminal transaction and that the sentences should have been concurrent.

The trial judge's order points out that appellant was convicted of two counts of first degree murder. In State v. Enmund, 476 So.2d 165 (Fla. 1985), the supreme court held that Palmer does not control a situation involving separate and distinct homicides and that the trial court has the discretion to impose either consecutive or concurrent sentences.

Accordingly, we affirm.

SCHOONOVER, A.C.J., and FRANK and SANDERLIN, JJ., concur.


Summaries of

Kalway v. State

District Court of Appeal of Florida, Second District
Apr 1, 1987
504 So. 2d 792 (Fla. Dist. Ct. App. 1987)
Case details for

Kalway v. State

Case Details

Full title:JAMES ROBERT KALWAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 1, 1987

Citations

504 So. 2d 792 (Fla. Dist. Ct. App. 1987)

Citing Cases

Upshaw v. State

Affirmed. See Melvin v. State, 645 So. 2d 448 (Fla. 1994); Henry v. State, 933 So. 2d 28 (Fla. 2d DCA 2006);…

Rice v. State

Affirmed. See State v. Boatwright, 559 So. 2d 210 (Fla. 1990) ; Rusaw v. State, 451 So. 2d 469 (Fla. 1984) ;…