Florida District Courts of Appeal, 1990

Stafford v. State

Stafford v. State
Florida District Courts of Appeal · Decided May 17, 1990 · Dauksch
561 So. 2d 32; 1990 WL 64123 (Southern Reporter, Second Series)

Stafford v. State

Opinion

561 So.2d 32 (1990)

John Aaron STAFFORD, Appellant,
v.
STATE of Florida, Appellee.

No. 89-1199.

District Court of Appeal of Florida, Fifth District.

May 17, 1990.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant and appellee agree the sentencing court exceeded the statutory maximum by giving appellant five and one-half years on a third degree felony, grand theft. It is also agreed the guidelines scoresheet was improperly prepared.

SENTENCE VACATED, REMANDED FOR RESENTENCING.

COWART and GOSHORN, JJ., concur.

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