Ervin v. State
| Decision Date | 17 September 1982 |
| Docket Number | No. 81-1936,81-1936 |
| Citation | 419 So.2d 409 |
| Parties | Ronald Leroy ERVIN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, St. Petersburg, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.
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.
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State v. Tuttle
...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 ......
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State v. Barton
...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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Russell v. State, 82-1113
...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 ......