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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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PER CURIAM.

¶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.

HOBSON, A. C. J., and SCHEB and DANAHY, JJ., concur.
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