Florida District Courts of Appeal, 1990

McClay v. State

McClay v. State
Florida District Courts of Appeal · Decided November 13, 1990 · Ferguson, Levy, Schwartz
569 So. 2d 523; 1990 Fla. App. LEXIS 8538; 1990 WL 175757 (Southern Reporter, Second Series)

McClay v. State

Opinion of the Court

PER CURIAM.

The defendant appeals from a fifteen-year “general” sentence on convictions for burglary of an auto and grand theft in violation of sections 810.02 and 812.-014(l)(2)(c), Florida Statutes (1989). Both offenses are third-degree felonies punishable by maximum sentences of five years. § 775.082(3)(d), Fla.Stat. (1989). The State concedes, correctly, that the defendant can be sentenced to no more than two consecutive five-year terms.

Reversed and remanded for resentenc-ing.

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