¶1Defendant 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.
419 So. 2d 409
Ervin v. State
District Court of Appeal of Florida
Decided September 17, 1982
District Court of Appeal of Florida · decided 1982-09-17
Cited by 3 later decisions — most recently November 2015
3 state decisions
Relies on 401 So. 2d 1343 - State v. Rivers
Good law ✅— No negative treatment on recordhow we know
Decided 1982-09-17
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