Florida District Courts of Appeal, 1995

Johns v. State

Johns v. State
Florida District Courts of Appeal · Decided February 15, 1995 · Altenbernd, Parker, Whatley
651 So. 2d 144; 1995 Fla. App. LEXIS 1321; 1995 WL 59633 (Southern Reporter, Second Series)

Johns v. State

Opinion of the Court

PER CURIAM.

Gregory James Johns appeals his judgment and sentence entered following his guilty plea to burglary and grand theft, specifically arguing that the sentencing document for his grand theft offense contains a clerical error resulting in a prison sentence which exceeds the statutory maximum. We agree and reverse the sentence in Count II to permit the trial court to correct the sentencing error.

In Count II, the court sentenced Johns as a habitual felony offender to fifteen years in prison for grand theft, a third-degree felony. The maximum sentence for a third-degree felony under the habitual felony offender statute is ten years. § 775.084(4)(a)3, Fla. Stat. (1993).

We reverse the sentence in Count II and remand this case to the trial court to correct that sentence.

PARKER, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.

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