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683 So. 2d 647

Chapman v. State

District Court of Appeal of Florida

Decided December 4, 1996

District Court of Appeal of Florida · decided 1996-12-04

Cited by 5 later decisions — most recently September 2003

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1996-12-04

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PER CURIAM.

¶1Dale Chapman appeals a final judgment of conviction for burglary of a conveyance and petit theft. The sole point on appeal is whether the petit theft conviction should have been classified as a second degree misdemeanor rather than a first degree misdemeanor. See § 812.014(2)(d), Fla. Stat. (1993). As the presentence investigation does not show a prior theft conviction, it appears that the petit theft conviction must be reduced to a second degree misdemeanor, see id., and the sentence on that count must be reduced accordingly.

¶2The conviction and sentence on the conviction for burglary of a conveyance are not challenged and are affirmed.

¶3Affirmed in part, reversed in part, and remanded for correction of count 2.

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