FRANCIS GOLZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Francis Golz was convicted of two counts of aggravated assault arising from an altercation with a group of four older people at the Pinellas County Fair. He was sentenced to two consecutive terms of five years’ incarceration as a habitual offender. His counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). 'Our independent review of the record has failed to disclose any reversible error regarding his convictions. The state, however, has properly conceded that the trial court erred in sentencing the appellant to consecutive terms of incarceration since the two aggravated assaults clearly arose from one criminal episode. State v. Hill, 660 So. 2d 1384 (Fla.1995); Hale v. State, 630 So. 2d 521 (Fla.1993). To this extent, we remand for correction of the error to show that the sentences be served concurrently. The appellant need not be present for resentencing. Otherwise, the convictions and sentences are affirmed.
DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
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Windisch v. State, 709 So. 2d 606 (Fla. 2d DCA 1998)…concurrently. In reviewing Hale sentencing errors, this court has consistently applied the Hale instruction and remanded with directions to run the imposed sentences concurrently. See Bell v. State, 679 So. 2d 1275 (Fla. 2d DCA 1996); Golz v. State, 674 So. 2d 856 (Fla. 2d DCA 1996); Rolle v. State, 668 So. 2d 1080 (Fla. 2d DCA 1996); Brown v. State, 630 So. 2d 596 (Fla. 2d DCA 1993). See also Brown v. State, 647 So. 2d 333 (Fla. 3d DCA [*607] 1994); Suggs v. State, 681 So. 2d 870 (Fla. 5th DCA 1996). Applyin…
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Suggs v. State, 681 So. 2d 870 (Fla. 5th DCA 1996)…995). Further, a defendant need not be present for resentencing where habitual offender sentences are reversed, pursuant to Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). See Golz v. State, 674 So. 2d 856 (Fla. 2d DCA 1996); Rolle v. State, 668 So. 2d 1080 (Fla. 2d DCA 1996); Brown v. State, 647 So. 2d 333 (Fla. 3d DCA 1994); Brown v. State, 630 So. 2d 596 (Fla. 2d DCA 1993). AFFIRMED. COBB, W. SHARP and GOSHORN, JJ., concur.…
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Golz v. State, 722 So. 2d 210 (Fla. 2d DCA 1998)…ALTENBERND, Judge, Concurring. I agree that our mandate in Golz v. State, 674 So. 2d 856 (Fla. 2d DCA 1996) (Golz I) compels this result. I am not convinced, however, that a simple shift from consecutive to concurrent habitual offender sentencing is the only appropriate remedy for a Hale sentencing error. See Hale v. State, 630 So. 2d 5…1 / 2
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Patrice Ratcliffe v. State, 660 So. 2d 1384 (Fla. 1995)