EDWARD EARL SPELLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD EARL SPELLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
545 So. 2d 968
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s convictions for burglary of a structure, grand theft, and possession of burglary tools. However, because the concurrent five-and-one-half-year sentences exceed the statutory maximum for each of the offenses, appellant must be resentenced.
Affirmed in part, reversed in part, and remanded with instructions.
RYDER, A.C.J., and FRANK and PATTERSON, JJ., concur.
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Kerrie Marlene Mitchell v. State, 573 So. 2d 446 (Fla. 2d DCA 1991)…unlawful sentence for each of the several crimes involved. The trial court imposed the same split sentence for each felony charge, thereby exceeding the statutory maximum in each case. §§ 775.-082(3)(c), (d), Fla.Stat. (1989). Cf. Speller v. State, 545 So. 2d 968 (Fla. 2d DCA 1989). After remand the trial court may impose any combination of concurrent or consecutive sentences that would result in the same total sanction, so long as the statutory maximum is not exceeded for any offense. Branam v. State, 554…