Golz v. State

District Court of Appeal of Florida

Golz v. State

674 So. 2d 856, 1996 Fla. App. LEXIS 5216, 1996 WL 268010

CourtDistrict Court of Appeal of Florida

DecidedMay 22, 1996

DocketNo. 95-00115

StatusPublished

Cited by4 cases

This text of 674 So. 2d 856 (Golz 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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Golz v. State, 674 So. 2d 856, 1996 Fla. App. LEXIS 5216, 1996 WL 268010 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Francis Golz was convicted of two counts of aggravated assault arising from an altercation with a group of four older people at the Pinellas County Fair. He was sentenced to two consecutive terms of five years’ incarceration as a habitual offender. His counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). 'Our independent review of the [857]*857record has failed to disclose any reversible error regarding his convictions. The state, however, has properly conceded that the trial court erred in sentencing the appellant to consecutive terms of incarceration since the two aggravated assaults clearly arose from one criminal episode. State v. Hill, 660 So.2d 1384 (Fla.1995); Hale v. State, 630 So.2d 521 (Fla.1993). To this extent, we remand for correction of the error to show that the sentences be served concurrently. The appellant need not be present for resen-tencing. Otherwise, the convictions and sentences are affirmed.

DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.

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PER CURIAM.

Francis Golz was convicted of two counts of aggravated assault arising from an altercation with a group of four older people at the Pinellas County Fair. He was sentenced to two consecutive terms of five years’ incarceration as a habitual offender. His counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). 'Our independent review of the [857]*857record has failed to disclose any reversible error regarding his convictions. The state, however, has properly conceded that the trial court erred in sentencing the appellant to consecutive terms of incarceration since the two aggravated assaults clearly arose from one criminal episode. State v. Hill, 660 So.2d 1384 (Fla.1995); Hale v. State, 630 So.2d 521 (Fla.1993). To this extent, we remand for correction of the error to show that the sentences be served concurrently. The appellant need not be present for resen-tencing. Otherwise, the convictions and sentences are affirmed.

DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.

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674 So. 2d 856, 1996 Fla. App. LEXIS 5216, 1996 WL 268010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golz-v-state-fladistctapp-1996.

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