LOREN A. GOODMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant’s conviction for grand theft of the third degree in the Brevard County Circuit Court, case number 95-10919, is affirmed because a defendant cannot appeal from a judgment entered on a guilty plea without an express reservation of his right to appeal. Fla. R.Crim. P. 9.140(b); Jones v. State, 636 So. 2d 835 (Fla. 5th DCA 1994). However, the appellant’s sentence for this offense must be vacated because the 55-month term of incarceration followed by one year of probation exceeds the statutory maximum for the crime. § 812.014(2)(c)l. Fla. Stat. (1995); § 775.082(3)(d); Jones v. State, 657 So. 2d 23 (Fla. 4th DCA 1995) (sentence vacated because it was beyond statutory maximum). This is not a case where the recommended sentence exceeds the maximum sentence. See Green v. State, 691 So. 2d 502 (Fla. 5th DCA 1997).
All of the appellant’s convictions and sentences are affirmed except the sentence for grand theft in case number 95-10919; we remand for resentencing for that conviction. CONVICTIONS AFFIRMED; SENTENCE VACATED IN PART.
PETERSON, C.J., and GRIFFIN and ANTOON, JJ., concur.
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Maury Barnlund v. State, 724 So. 2d 632 (Fla. 5th DCA 1998)…s. Thus the sentences for those remaining crimes are not affected. AFFIRMED in part, REVERSED in part. PETERSON and THOMPSON, JJ., concur. . Harris has never been located. . Scorpio v. State, 717 So. 2d 1122 (Fla. 5th DCA 1998); L.E.S. v. State, 693 So. 2d 141 (Fla. 5th DCA 1997); Almulla v. State, 677 So. 2d 987 (Fla. 5th DCA 1996); Hernandez v. State, 636 So. 2d 605 (Fla. 5th DCA 1994); Shearer v. State, 582 So. 2d 28 (Fla. 5th DCA 1991); Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981).…
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Guiseppe Lucio Scorpio v. State, 717 So. 2d 1122 (Fla. 5th DCA 1998)…lony of grand theft because he was also convicted of the second degree felony of dealing in stolen property. Section 812.025, Florida Statutes (1995) prohibits convictions for both crimes when they arise out of a single transaction. L.E.S. v. State, 693 So. 2d 141 (Fla. 5th DCA 1997); Almulla v. State, 677 So. 2d 987 (Fla. 5th DCA 1996). We find that the issue raised by appellant regarding the prosecutor’s comment to be disposed of by the harmless error analysis of State v. DiGuilio, 491 So. 2d 1129 (Fla.19…
Authorities Cited
- Deno S. Green v. State, 691 So. 2d 502 (Fla. 5th DCA 1997)
- Jones v. State, 636 So. 2d 835 (Fla. 5th DCA 1994)
- Jones v. State, 657 So. 2d 23 (Fla. 4th DCA 1995)