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Daniel v. State

605 So. 2d 601, 1992 Fla. App. LEXIS 10577, 1992 WL 266993
CourtDistrict Court of Appeal of Florida
DecidedOctober 9, 1992
DocketNo. 92-421
StatusPublished

This text of 605 So. 2d 601 (Daniel v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel v. State, 605 So. 2d 601, 1992 Fla. App. LEXIS 10577, 1992 WL 266993 (Fla. Ct. App. 1992).

Opinion

PER CURIAM.

We affirm the defendant’s convictions and sentences except we vacate the defendant’s fifteen year sentence on his grand theft conviction because grand theft is a felony of the third degree1 and the fifteen year sentence exceeds both the statutory maximum prison term of five years2 and the enhanced statutory maximum sentence of ten years provided under the habitual offender statute.3 See Inclima v. State, 570 So.2d 1034 (Fla. 5th DCA 1990) (sentence in excess of statutory maximum illegal even though to be served concurrent with legal sentence). Lewis v. State, 567 So.2d 50 (Fla. 5th DCA 1990).

SENTENCE ON GRAND THEFT CONVICTION VACATED; CAUSE REMANDED FOR RESENTENCING ON THAT OFFENSE.
DAUKSCH, COWART and GRIFFIN, JJ., concur.

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Related

Inclima v. State
570 So. 2d 1034 (District Court of Appeal of Florida, 1990)
Lewis v. State
567 So. 2d 50 (District Court of Appeal of Florida, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
605 So. 2d 601, 1992 Fla. App. LEXIS 10577, 1992 WL 266993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-state-fladistctapp-1992.