Florida District Courts of Appeal, 2015

Kennedy v. State

Kennedy v. State
Florida District Courts of Appeal · Decided February 6, 2015 · Altenbernd, Kelly, Khouzam, Per Curiam
157 So. 3d 446; 2015 Fla. App. LEXIS 1594; 2015 WL 489593 (Southern Reporter, Third Series)

Kennedy v. State

Opinion

PER CURIAM.

Jackie Kennedy appeals her sentence of ten years’ probation as a habitual felony offender for her felony petit theft conviction in circuit court case number 2011-CF-9916. The State appropriately concedes error, as the crime of felony petit theft is not subject to enhancement under the habitual offender statute. See Ridley v. State, 702 So.2d 559, 559-60 (Fla. 2d DCA 1997) (holding that the legislature amended section 812.014(2)(d), Florida Statutes, now renumbered as section 812.014(3)(c), in 1992 to omit habitual offender penalties for the crime of felony petit theft). Accordingly, we reverse the sentence imposed for felony petit theft in case number 2011-CF-9916 and remand to the trial court for resentencing.

Reversed and remanded.

ALTENBERND, KELLY, and KHOUZAM, JJ., Concur.

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