Kennedy v. State

District Court of Appeal of Florida

Kennedy v. State

157 So. 3d 446, 2015 Fla. App. LEXIS 1594, 2015 WL 489593

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 2015

Docket2D13-6148

StatusPublished

This text of 157 So. 3d 446 (Kennedy 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

Kennedy v. State, 157 So. 3d 446, 2015 Fla. App. LEXIS 1594, 2015 WL 489593 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Jackie Kennedy appeals her sentence of ten years’ probation as a habitual felony offender for her felony petit theft conviction in circuit court case number 2011-CF-9916. The State appropriately concedes error, as the crime of felony petit theft is not subject to enhancement under the habitual offender statute. See Ridley v. State, 702 So.2d 559, 559-60 (Fla. 2d DCA 1997) (holding that the legislature amended section 812.014(2)(d), Florida Statutes, now renumbered as section 812.014(3)(c), in 1992 to omit habitual offender penalties for the crime of felony petit theft). Accordingly, we reverse the sentence imposed for felony petit theft in case number 2011-CF-9916 and remand to the trial court for resentencing.

Reversed and remanded.

ALTENBERND, KELLY, and KHOUZAM, JJ., Concur.

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PER CURIAM.

Jackie Kennedy appeals her sentence of ten years’ probation as a habitual felony offender for her felony petit theft conviction in circuit court case number 2011-CF-9916. The State appropriately concedes error, as the crime of felony petit theft is not subject to enhancement under the habitual offender statute. See Ridley v. State, 702 So.2d 559, 559-60 (Fla. 2d DCA 1997) (holding that the legislature amended section 812.014(2)(d), Florida Statutes, now renumbered as section 812.014(3)(c), in 1992 to omit habitual offender penalties for the crime of felony petit theft). Accordingly, we reverse the sentence imposed for felony petit theft in case number 2011-CF-9916 and remand to the trial court for resentencing.

Reversed and remanded.

ALTENBERND, KELLY, and KHOUZAM, JJ., Concur.

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Bluebook (online)

157 So. 3d 446, 2015 Fla. App. LEXIS 1594, 2015 WL 489593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-state-fladistctapp-2015.

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