Ervin v. State

District Court of Appeal of Florida

Ervin v. State

419 So. 2d 409, 1982 Fla. App. LEXIS 21139

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 1982

DocketNo. 81-1936

StatusPublished

Cited by4 cases

This text of 419 So. 2d 409 (Ervin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ervin v. State, 419 So. 2d 409, 1982 Fla. App. LEXIS 21139 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Defendant appeals his conviction for assault charges. The trial court sentenced defendant to sixty days for assault and five years for aggravated assault. The multiple convictions are proper but the multiple sentences are not since assault is a lesser-included charge of aggravated assault. State v. Hegstrom, 401 So.2d 1343 (Fla.1981). Because this is so, we remand the cause to the trial court with directions to vacate the sixty-day sentence for assault. We affirm all of defendant’s convictions and all other sentences.

HOBSON, A. C. J., and SCHEB and DANAHY, JJ., concur.

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PER CURIAM.

Defendant appeals his conviction for assault charges. The trial court sentenced defendant to sixty days for assault and five years for aggravated assault. The multiple convictions are proper but the multiple sentences are not since assault is a lesser-included charge of aggravated assault. State v. Hegstrom, 401 So.2d 1343 (Fla.1981). Because this is so, we remand the cause to the trial court with directions to vacate the sixty-day sentence for assault. We affirm all of defendant’s convictions and all other sentences.

HOBSON, A. C. J., and SCHEB and DANAHY, JJ., concur.

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419 So. 2d 409, 1982 Fla. App. LEXIS 21139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ervin-v-state-fladistctapp-1982.

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