JOHN OLIVER RUSSELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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State v. Barton, 523 So. 2d 152 (Fla. 1988)…consistent verdicts. See McKee v. State, 450 So. 2d 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)…, we hold that the conviction of the lesser crime should 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…
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Fjord v. State, 634 So. 2d 714 (Fla. 4th DCA 1994)…ttery, the lesser-included offense of sexual battery. We agree that this is the appropriate procedure because in cases involving dual convictions for the same conduct, the lesser crime or conviction is vacated. See State v. Barton; Russell v. State, 430 So. 2d 617 (Fla. 2nd DCA 1983). Accordingly, defendant’s conviction for battery is vacated. In all other respects, the convictions and sentences are affirmed. AFFIRMED IN PART; REVERSED IN PART. GLICKSTEIN and FARMER, JJ., concur.…
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- State v. Hegstrom, 401 So. 2d 1343 (Fla. 1981)
- State v. Rivers, 401 So. 2d 1343 (Fla. 1981)
- Ervin v. State, 419 So. 2d 409 (Fla. 2d DCA 1982)