JOHN BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN BRYANT, APPELLANT,
STATE OF FLORIDA, APPELLEE
555 So. 2d 968
Florida District Court of Appeal, Second District (1990)
Opinion of the Court
PER CURIAM.
Appellant’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 resentencing. The conviction itself, which is not contested, is affirmed.
CAMPBELL, C.J., and RYDER and DANAHY, JJ., concur. *
A felony of the third degree. § 812.014(2)(d), Fla.Stat. (1987).