Torres v. State

District Court of Appeal of Florida

Decided May 4, 1982

District Court of Appeal of Florida · decided 1982-05-04

Relies on 392 So. 2d 334 - Gonzalez v. State · 217 So. 2d 619 - Kirby v. State · 366 So. 2d 486 - Skinner v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-05-04

How this case has been cited

Cited by 6 later decisions — most recently December 2006

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Torres’ convictions for burglary of a dwelling and grand theft are affirmed. § 901.18, Fla.Stat. (1979); Goodman v. State, 399 So.2d 1120 (Fla. 4th DCA 1981). See State v. Steffani, 398 So.2d 475 (Fla. 3d DCA 1981); Kirby v. State, 217 So.2d 619 (Fla. 4th DCA 1969). His concurrent ten-year sentence of imprisonment for grand theft is reversed as being in excess of the statutory maximum, see §§ 775.082 and 812.014, Fla.Stat. (1979), and the cause remanded to the trial court with directions to impose a sentence of not more than five years for such offense. See Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); Skinner v. State, 366 So.2d 486 (Fla. 3d DCA 1979). The defendant’s presence is not required when the new sentence is imposed.

¶2Affirmed in part; reversed in part and remanded.