Florida District Courts of Appeal, 1982

Ervin v. State

Florida District Courts of Appeal · Decided September 17, 1982 · Danahy, Hobson, Scheb

419 So. 2d 409; 1982 Fla. App. LEXIS 21139 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

State of Florida v. Timothy W. Tuttle, Jr. (Fla. 2015)
State v. Barton (Fla. 1988)
Russell v. State (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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