GOULD v. STATE, 753 So.2d 786 (Fla.App. 3 Dist. 2000)

No. 3D99-2235.District Court of Appeal of Florida, Third District.
Opinion filed March 29, 2000.

An Appeal from the Circuit Court for Monroe County, Frederick DeFuria, Judge; L.T. No. 99-28-CF-A.

Mark E. Kohl (Tavernier), for appellant.

Robert A. Butterworth, Attorney General and Lara J. Edelstein (Fort Lauderdale), Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.

ON CONFESSION OF ERROR
PER CURIAM.

On the basis of the state’s confession, and our conclusion that the appellant was improperly found guilty on two separate counts of disorderly conduct for the identical behavior, the conviction and concurrent sentence of probation as to count II is vacated. See Johnson v. State, 712 So.2d 380 (Fla. 1998).