Chapman v. State

Florida District Courts of Appeal
Chapman v. State, 683 So. 2d 647 (1996)
1996 Fla. App. LEXIS 12791; 1996 WL 691799
Cope, Gersten, Goderich

Chapman v. State

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.

Reference

Full Case Name
Dale CHAPMAN v. The STATE of Florida
Cited By
1 case
Status
Published