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573 So. 2d 1068

Argote v. State

District Court of Appeal of Florida

Decided February 12, 1991

District Court of Appeal of Florida · decided 1991-02-12

Relies on Phelps v. State · Carter v. State · 570 So. 2d 1081 - Wearen v. State

Decided 1991-02-12

PER CURIAM.

¶1We affirm the order of revocation of community control. See Wearen v. State, 570 So.2d 1081 (Fla.3d DCA 1990). The trial court erred, however, in imposing sentences in excess of the statutory maximum for burglary of an automobile, § 810.02(3), Fla.Stat. (1989), and grand theft, § 812.014(2)(c), Fla.Stat. (1989). The maximum sentence for third degree felonies is five years imprisonment. § 775.082(3)(d), Fla.Stat. (1989). We therefore vacate the sentences and remand for resentencing. McClay v. State, 569 So.2d 523 (Fla. 3d DCA 1990); Stafford v. State, 561 So.2d 32 (Fla. 5th DCA 1990); Carter v. State, 556 So.2d 795 (Fla. 1st DCA 1990).

¶2Affirmed; senténces vacated and ease remanded.

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