Florida District Courts of Appeal, 1992

Lofley v. State

Lofley v. State
Florida District Courts of Appeal · Decided September 11, 1992 · Blue, Hall, Patterson
604 So. 2d 577; 1992 Fla. App. LEXIS 9734; 1992 WL 220514 (Southern Reporter, Second Series)

Lofley v. State

Opinion of the Court

PER CURIAM.

Edward Bryan Lofley appeals the judgments and sentences for three counts of dealing in stolen property. We affirm the judgments on all the counts and the sentences imposed on counts two and three. However, we reverse and remand for re-sentencing on count one. On count one the appellant was sentenced to seventeen years in prison, a sentence in excess of the maximum allowed by law for a second degree felony. Although there is some limited discussion at sentencing regarding habitual offender sentencing, there is no indication in the record that the appellant was sentenced as a habitual offender.

Reversed and remanded for resentencing on count one.

HALL, A.C.J., and PATTERSON and BLUE, JJ., concur.

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