Summary
In Golz v. State, 674 So.2d 856 (Fla. 2d DCA 1996), this court affirmed the two sentences but directed the trial court to run the sentences concurrently based on Hale v. State, 630 So.2d 521 (Fla. 1993).
Summary of this case from Golz v. StateOpinion
No. 95-00115.
May 22, 1996.
Appeal from the Circuit Court for Pinellas County; Frank Quesada, Judge.
James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
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.