LEROY BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-03-22
No. 94-1054
Before COPE, LEVY and GODERICH, JJ.
652 So. 2d 449 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant’s conviction for third-degree grand theft is affirmed since the evidence was sufficient. B.P. v. State, 515 So. 2d 423 (Fla. 3d DCA 1987). However, this cause is remanded to the trial court for resentencing within the statutory maximum. The defendant was sentenced to nine years probation. However, the maximum probation that can be imposed for a third-degree felony is five years. Servis v. State, 588 So. 2d 290, 291 (Fla. 2d DCA 1991). Accordingly, the defendant’s conviction is affirmed, but this cause is remanded to resentenee the defendant to five years probation.


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  • Ladell Pleasure v. State, 744 So. 2d 1141 (Fla. 3d DCA 1999)
    …PER CURIAM. Affirmed. Maharaj v. State, 684 So. 2d 726 (Fla.1996); Johnson v. State, 593 So. 2d 206 (Fla.1992); Medina v. State, 573 So. 2d 293 (Fla.1990); Jones v. State, 652 So. 2d 449 (Fla. 3d DCA 1995).…
  • Garcia v. State, 761 So. 2d 1228 (Fla. 3d DCA 2000)
    …PER CURIAM. Affirmed. See Jones v. State, 652 So. 2d 449 (Fla. 3d DCA 1995) (post-conviction relief filed more than two years after conviction became final is untimely).…
  • Rodriguez v. State, 768 So. 2d 1229 (Fla. 3d DCA 2000)
    …ores v. State, 745 So. 2d 977 (Fla. 3d DCA 1999) (holding that if issues raised in motion for postconviction relief pursuant to Fla. R.Crim. P. 3.800 require evidentiary hearing, challenge must be raised under Fla. R.Crim. P. 3.850); Jones v. State, 652 So. 2d 449 (Fla. 3d DCA 1995) (holding that rule 3.850 motion must be brought within two years of underlying conviction becoming final).…

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