BEULFORD WHITE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellate court affirmed burglary conviction but vacated excessive 17-year sentence for grand theft, third degree, remanding for resentencing to maximum 10 years as a habitual felony offender.
The maximum sentence for grand theft, third degree under the habitual felony offender statute is ten years, not seventeen years.
[1] Under Florida Statutes section 775.084(4)(a)(3), the maximum sentence for grand theft, third degree when the defendant is a habitual felony offender is ten years in state…
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Join FLexlaw to unlock all legal intelligenceBeulford White was convicted of burglary of an occupied dwelling and grand theft, third degree, and was declared a habitual felony offender. He receiv…
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PER CURIAM.
This is an appeal by the defendant Beul-ford White from judgments of conviction and concurrent seventeen-year sentences for (1) burglary of an occupied dwelling [§ 810.02(1), (3), Fla.Stat. (1991)], and (2) grand theft, third degree [§ 812.014(2)(c), Fla.Stat. (1991) ], after the defendant was declared a habitual felony offender under Section 775.084, Florida Statutes (1991). The sole point on appeal, to which the state has confessed error, is that the trial court committed error in sentencing the defendant to seventeen years in the state prison for grand theft, third degree. We entirely agree. The maximum sentence the defendant could receive for this offense as a habitual felony offender is ten (10) years in the state prison, § 775.084(4)(a)(3), Fla.Stat. (1991) (grand theft, third degree is otherwise a third-degree felony, § 812.014(2)(c), Fla.Stat. (1991)).
The final judgment of conviction and seventeen-year sentence for burglary of an occupied dwelling is affirmed. The final judgment of conviction for grand theft, third degree is affirmed, but the seventeen-year sentence imposed thereon is vacated and the cause is remanded to the trial court with directions to impose a concurrent sentence for this offense which does not exceed ten (10) years in the state prison.
Affirmed in part; reversed in part and remanded.