Florida District Courts of Appeal, 2002

Pitts v. State

Pitts v. State
Florida District Courts of Appeal · Decided April 16, 2002 · Allen, Benton, Padovano
813 So. 2d 290; 2002 Fla. App. LEXIS 4800; 2002 WL 553434 (Southern Reporter, Second Series)

Pitts v. State

Opinion of the Court

PER CURIAM.

The appellant was sentenced to a five year term of imprisonment followed by a five year period of probation for the third degree felony to which he pled in this case. His conviction is affirmed. However, because his sentence exceeds the applicable five year statutory maximum under section 775.082(3)(d), Fla. Stat., the sentence is vacated and the case is remanded for re-sentencing.

ALLEN, C.J., BENTON and PADOVANO, JJ., concur.

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