Florida District Courts of Appeal, 1990

Bryant v. State

Bryant v. State
Florida District Courts of Appeal · Decided January 26, 1990 · Campbell, Danahy, Ryder
555 So. 2d 968; 1990 Fla. App. LEXIS 447; 1990 WL 5223 (Southern Reporter, Second Series)

Bryant v. State

Opinion of the Court

PER CURIAM.

Appellant’s split sentence of four and one-half years in prison, followed by five years probation, exceeds the statutory maximum for the offense of conviction, felony petit theft.* See Gerow v. State, 516 So.2d 326 (Fla. 2d DCA 1987). Accordingly, we remand this case for resentenc-ing. The conviction itself, which is not contested, is affirmed.

CAMPBELL, C.J., and RYDER and DANAHY, JJ., concur.

A felony of the third degree. § 812.014(2)(d), Fla.Stat. (1987).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.