Florida District Courts of Appeal, 1998

Jessie v. State

Jessie v. State
Florida District Courts of Appeal · Decided August 12, 1998 · Campbell, Fulmer, Northcutt
714 So. 2d 1220; 1998 Fla. App. LEXIS 10137; 1998 WL 472563 (Southern Reporter, Second Series)

Jessie v. State

Opinion of the Court

CAMPBELL, Acting Chief Judge.

The only issue raised by appellant on appeal is whether the trial court erred in sentencing him to five-and-one-half years’ imprisonment upon revocation of his community control in Case No. 91-16683, since the maximum sentence for his 1991 offenses of burglary of a structure and grand theft is five years. The State concedes that even with bump-ups for violation of community control, appellant’s sentence in that case exceeded the maximum permitted by statute. See Fla. R.Crim. P. 3.701(d)(10) (1991). Accordingly, appellant’s sentence in Case No. 91-16683 is reversed and remanded for resentencing.

FULMER and NORTHCUTT, JJ., concur.

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