Florida District Courts of Appeal, 1996

Chapman v. State

Chapman v. State
Florida District Courts of Appeal · Decided December 4, 1996 · No. 95-3213 · Cope, Gersten, Goderich
683 So. 2d 647; 1996 Fla. App. LEXIS 12791; 1996 WL 691799 (Southern Reporter, Second Series)
Chapman v. State

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Opinion of the Court

PER CURIAM.

Dale Chapman appeals a final judgment of conviction for burglary of a conveyance and petit theft. The sole point on appeal is whether the petit theft conviction should have been classified as a second degree misdemeanor rather than a first degree misdemeanor. See § 812.014(2)(d), Fla. Stat. (1993). As the presentence investigation does not show a prior theft conviction, it appears that the petit theft conviction must be reduced to a second degree misdemeanor, see id., and the sentence on that count must be reduced accordingly.

The conviction and sentence on the conviction for burglary of a conveyance are not challenged and are affirmed.

Affirmed in part, reversed in part, and remanded for correction of count 2.

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