Russell v. State

District Court of Appeal of Florida

Russell v. State

430 So. 2d 617, 1983 Fla. App. LEXIS 22435

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 1983

DocketNo. 82-1113

StatusPublished

Cited by4 cases

This text of 430 So. 2d 617 (Russell 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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Russell v. State, 430 So. 2d 617, 1983 Fla. App. LEXIS 22435 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Defendant appeals his convictions for burglary, grand theft, assault, and petit theft. The court sentenced defendant to three years for burglary, three years probation for grand theft to begin upon his release from prison, and concurrent sixty day terms for the other crimes. The multiple convictions are proper, but the multiple theft sentences are not since the petit theft was a lesser included charge of the grand theft. State v. Hegstrom, 401 So.2d 1343 (Fla.1981); Ervin v. State, 419 So.2d 409 (Fla. 2d DCA 1981). Therefore, we vacate the sixty day sentence for petit theft. We affirm all of defendant’s convictions and the remaining sentences.

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

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PER CURIAM.

Defendant appeals his convictions for burglary, grand theft, assault, and petit theft. The court sentenced defendant to three years for burglary, three years probation for grand theft to begin upon his release from prison, and concurrent sixty day terms for the other crimes. The multiple convictions are proper, but the multiple theft sentences are not since the petit theft was a lesser included charge of the grand theft. State v. Hegstrom, 401 So.2d 1343 (Fla.1981); Ervin v. State, 419 So.2d 409 (Fla. 2d DCA 1981). Therefore, we vacate the sixty day sentence for petit theft. We affirm all of defendant’s convictions and the remaining sentences.

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

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430 So. 2d 617, 1983 Fla. App. LEXIS 22435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-state-fladistctapp-1983.

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