Hope v. State
Hope v. State
Opinion of the Court
Appellant, James Hope, pled guilty to burglary of a structure (count I) and felony petit theft (count II). The trial judge sentenced Hope to seven years as an habitual felony offender for count I and to seven years as an habitual felony offender for count II. Appellant argues, and the State concedes, that an habitual felony offender sentence may not be imposed for the crime of felony petit theft. A person who commits petit theft, and who has previously been convicted of two or more theft offenses, commits felony theft, a third degree felony. See § 812.014, Fla. Stat. (1997). The felony petit theft statute does not provide for sentencing as an habitual offender under Florida Statutes section 775.084. See § 812.014, Fla. Stat.; Burke v. State, 734 So.2d 1175 (Fla. 4th DCA 1999); Ridley v. State, 702 So.2d 559 (Fla. 2d DCA 1997); Berch v. State, 691 So.2d 1148 (Fla. 3d DCA 1997). Moreover, since the seven-year sentence imposed by the trial court exceeds the five-year statutory
Reversed and remanded for re-sentencing as to count II.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.