Torres v. State

District Court of Appeal of Florida

Torres v. State

413 So. 2d 436, 1982 Fla. App. LEXIS 20009

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 1982

DocketNo. 81-1303

StatusPublished

Cited by1 cases

This text of 413 So. 2d 436 (Torres 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.

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Torres v. State, 413 So. 2d 436, 1982 Fla. App. LEXIS 20009 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Torres’ convictions for burglary of a dwelling and grand theft are affirmed. § 901.18, Fla.Stat. (1979); Goodman v. State, 399 So.2d 1120 (Fla. 4th DCA 1981). See State v. Steffani, 398 So.2d 475 (Fla. 3d DCA 1981); Kirby v. State, 217 So.2d 619 (Fla. 4th DCA 1969). His concurrent ten-year sentence of imprisonment for grand theft is reversed as being in excess of the statutory maximum, see §§ 775.082 and 812.014, Fla.Stat. (1979), and the cause remanded to the trial court with directions to impose a sentence of not more than five years for such offense. See Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); Skinner v. State, 366 So.2d 486 (Fla. 3d DCA 1979). The defendant’s presence is not required when the new sentence is imposed.

Affirmed in part; reversed in part and remanded.

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PER CURIAM.

Torres’ convictions for burglary of a dwelling and grand theft are affirmed. § 901.18, Fla.Stat. (1979); Goodman v. State, 399 So.2d 1120 (Fla. 4th DCA 1981). See State v. Steffani, 398 So.2d 475 (Fla. 3d DCA 1981); Kirby v. State, 217 So.2d 619 (Fla. 4th DCA 1969). His concurrent ten-year sentence of imprisonment for grand theft is reversed as being in excess of the statutory maximum, see §§ 775.082 and 812.014, Fla.Stat. (1979), and the cause remanded to the trial court with directions to impose a sentence of not more than five years for such offense. See Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); Skinner v. State, 366 So.2d 486 (Fla. 3d DCA 1979). The defendant’s presence is not required when the new sentence is imposed.

Affirmed in part; reversed in part and remanded.

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413 So. 2d 436, 1982 Fla. App. LEXIS 20009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-state-fladistctapp-1982.

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