Opinion
No. 74-1373.
March 25, 1975. Rehearing Denied April 22, 1975.
Appeal from the Circuit Court, Dade County, Paul Baker, J.
Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.
Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.
The controlling question on this appeal is:
Whether the trial court erred in imposing upon the defendant separate sentences for rape and unlawful possession of a firearm while engaged in a criminal offense where both charges arose out of the same transaction.
We think that the question is fully answered in the negative by the holding and the reasoning of the Supreme Court of Florida in Estevez v. State, Fla. 1975, 313 So.2d 692.
Affirmed.