Bryant v. State

District Court of Appeal of Florida

Decided January 26, 1990

District Court of Appeal of Florida · decided 1990-01-26

Relies on 516 So. 2d 326 - Gerow v. State

Decided 1990-01-26

PER CURIAM.

¶1Appellant’s split sentence of four and one-half years in prison, followed by five years probation, exceeds the statutory maximum for the offense of conviction, felony petit theft.* See Gerow v. State, 516 So.2d 326 (Fla. 2d DCA 1987). Accordingly, we remand this case for resentenc-ing. The conviction itself, which is not contested, is affirmed.

CAMPBELL, C.J., and RYDER and DANAHY, JJ., concur.

¶2A felony of the third degree. § 812.014(2)(d), Fla.Stat. (1987).