CHARLES VERNON GODWIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES VERNON GODWIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
488 So. 2d 589
Florida District Court of Appeal, Second District (1986)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Charles Godwin appeals the summary denial of his pro se “motion to issue amended uniform commitment document.” Godwin appears to be claiming that the trial court, when sentencing him on felony charges, did not allow credit for all time served. We remand this cause to the trial court with directions either to grant Godwin all the credit time to which he is entitled or to attach sufficient portions of the record to demonstrate that Godwin is not entitled to relief. If the trial court again denies the motion, Godwin must file a timely notice of appeal to obtain further review by this court.
RYDER, C.J., and LEHAN and SAND-ERLIN, JJ., concur.
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Thompson v. State, 650 So. 2d 969 (Fla. 1994)…in violation of section 794.041(2)(b), Florida Statutes (1991). He was sentenced to two concurrent nine-year terms. The district court found no multiple-punishments problem in this sentencing scheme, but noted possible conflict with George v. State, 488 So. 2d 589 (Fla. 2d DCA 1986). However, the district court proceeded to distinguish George from the instant case. We do not address whether conflict with George exists, because we find independent conflict with Sirmons and Goodwin. In those two cases we held…
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Thompson v. State, 627 So. 2d 74 (Fla. 1st DCA 1993)…e not likely to cause serious personal injury and sexual activity with a child by a person in familial authority based on evidence of a single penetration. In so doing, we recognize that our decision appears to be in conflict with George v. State, 488 So. 2d 589 (Fla. 2d DCA 1986), wherein the Second District held that only one sexual battery conviction was proper once the evidence established only one penetration. We consider George distinguishable, because it involved charges of sexual battery by force or…
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Newman v. State, 490 So. 2d 197 (Fla. 3d DCA 1986)…ver, that only one assault occurred. Consequently, there can be only one conviction and sentence for aggravated assault. See Houser v. State, 474 So. 2d 1193 (Fla.1985) (there can be only one homicide conviction for a single death); George v. State, 488 So. 2d 589 (Fla. 2d DCA 1986) (where only one penetration occurs there cannot be a conviction and sentence on each of two sexual battery charges). Therefore, we vacate the conviction and sentence for aggravated assault which is based on Count VII of the inform…