Jessie v. State

District Court of Appeal of Florida

Jessie v. State

714 So. 2d 1220, 1998 Fla. App. LEXIS 10137, 1998 WL 472563

Procedural entryThis page is a short order in Jessie v. State. Read the opinion of the Court — 1999 Fla. App. LEXIS 765 →

District Court of Appeal of Florida·Decided August 12, 1998·No. No. 96-02083·Published

Opinion

CAMPBELL, Acting Chief Judge.

The only issue raised by appellant on appeal is whether the trial court erred in sentencing him to five-and-one-half years’ imprisonment upon revocation of his community control in Case No. 91-16683, since the maximum sentence for his 1991 offenses of burglary of a structure and grand theft is five years. The State concedes that even with bump-ups for violation of community control, appellant’s sentence in that case exceeded the maximum permitted by statute. See Fla. R.Crim. P. 3.701(d)(10) (1991). Accordingly, appellant’s sentence in Case No. 91-16683 is reversed and remanded for resentencing.

FULMER and NORTHCUTT, JJ., concur.

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CAMPBELL, Acting Chief Judge.

The only issue raised by appellant on appeal is whether the trial court erred in sentencing him to five-and-one-half years’ imprisonment upon revocation of his community control in Case No. 91-16683, since the maximum sentence for his 1991 offenses of burglary of a structure and grand theft is five years. The State concedes that even with bump-ups for violation of community control, appellant’s sentence in that case exceeded the maximum permitted by statute. See Fla. R.Crim. P. 3.701(d)(10) (1991). Accordingly, appellant’s sentence in Case No. 91-16683 is reversed and remanded for resentencing.

FULMER and NORTHCUTT, JJ., concur.

Jessie v. State, 714 So. 2d 1220, 1998 Fla. App. LEXIS 10137, 1998 WL 472563 (Fla. Ct. App. 1998).

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