LONNY LAWRENCE SUMPTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1988-10-11
No. 87-1969
Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.
531 So. 2d 1055 Florida District Court of Appeal, Third District (1988) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Order of Revocation of Community Control is affirmed. The five-and-one-half-year prison term imposed upon the defendant on Count II, which charges the offense of possession of cocaine in violation of Section 893.13, Florida Statutes (1985), exceeds the maximum sentence which may be imposed for this third-degree felony and is accordingly reduced to five years. See § 775.082(3)(d), Fla.Stat. (1987). As modified, the sentence is affirmed.

AFFIRMED.


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  • Dante v. State, 903 So. 2d 293 (Fla. 3d DCA 2005)
    …sue a completely useless course when the judge had announced in advance that it would be fruitless.’ ” Bell, 338 So. 2d at 1329 (quoting Bailey v. State, 224 So. 2d 296 (Fla.1969)). Accord Birge v. State, 92 So. 2d 819 (Fla.1957). In Maio v. State, 531 So. 2d 1055 (Fla. 3d DCA 1988), we affirmed the defendant’s conviction for a life felony. A review of the record revealed that “defense counsel remained silent, not because it would have been futile to do otherwise, but because he mistakenly believed that six p…
  • Enamorado v. State, 733 So. 2d 1164 (Fla. 3d DCA 1999)
    …PER CURIAM. Appellant’s claim that he was entitled to more peremptory challenges as a matter of right was not presented to the trial court, and is thus not properly preserved for appellate review. See Maio v. State, 531 So. 2d 1055, 1056-57 (Fla. 3d DCA 1988); Verreautt v. State, 411 So. 2d 234, 234-35 (Fla. 3d DCA 1982). We decline to entertain on this direct appeal appellant’s alternative claim that trial counsel was ineffective for failing to recognize that appellant was…
  • Roger v. State, 554 So. 2d 584 (Fla. 3d DCA 1989)
    …ard. Moreover, the trial court could not, in any event, exceed the statutory maximum sentence of five-years imprisonment for second-degree grand theft, § 812.014(2)(b), Fla.Stat. (Supp.1986); § 775.082(3)(d), Fla. Stat. (1987); see Sumpter v. State, 531 So. 2d 1055 (Fla. 3d DCA 1988); the fifteen-year sentences imposed on the two counts of second-degree grand theft do not conform to this standard. The sentences under review are, accordingly, reversed and the cause is remanded to the trial court for resentenc…

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