RONALD LEROY ERVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD LEROY ERVIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
419 So. 2d 409
Florida District Court of Appeal, Second District (1982)
Positive Treatment
Cited by 6 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Barton, 523 So. 2d 152 (Fla. 1988)…563 (Fla. 3d DCA 1984). . In cases involving convictions of both the greater and lesser included offenses, it is the lesser rather than the greater sentence which is vacated. See Russell v. State, 430 So. 2d 617 (Fla. 2d DCA 1983); Ervin v. State, 419 So. 2d 409 (Fla. 2d DCA 1982).…
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State v. Tuttle, 177 So. 3d 1246 (Fla. 2015)…hould be set aside. [N.3.] In cases involving convictions of both the greater and lesser included offenses, it is the lesser rather than the greater sentence which is vacated. See Russell v. State, 430 So. 2d 617 (Fla. 2d DCA 1983); Ervin v. State, 419 So. 2d 409 (Fla. 2d DCA 1982). Id. at 153. Thus, Barton states that the lesser conviction and the lesser sentence should be vacated, and assumes that the lesser conviction will carry the lesser sentence. As a result, neither Barton nor Pizzo resolve the issue…
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Russell v. State, 430 So. 2d 617 (Fla. 2d DCA 1983)…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.…
Authorities Cited
- State v. Hegstrom, 401 So. 2d 1343 (Fla. 1981)
- State v. Rivers, 401 So. 2d 1343 (Fla. 1981)