DAVID BURKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID BURKE, APPELLANT,
STATE OF FLORIDA, APPELLEE
734 So. 2d 1175
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
David Burke timely appeals his convictions and habitual offender sentences for five counts of burglary of a dwelling, one count of burglary of a conveyance, three, counts of grand theft, and one count of felony petit theft. We affirm appellant’s convictions and sentences for all counts except wfe reverse his habitual offender sentence for felony petit 'theft. See § 812.014, Fla. Stat. (1995); Nelson v. State, 719 So. 2d 1230, 1231 (Fla. 1st DCA 1998); Ridley v. State, 702 So. 2d 559 (Fla. 2d DCA 1997). We' remand with instructions to vacate appellant’s habitual offender sentence for felony petit theft and for resentencing on this conviction.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, POLEN and FARMER, JJ.,' concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilson v. State, 752 So. 2d 1227 (Fla. 5th DCA 2000)…is not subject to habitual offender penalties. Each of the district courts, other than this court, have since held that a defendant cannot be sentenced as an habitual felony offender under the amended petit theft statute. See, e.g., Burke v. State, 734 So. 2d 1175 (Fla. 4th DCA 1999); Blank v.. State, 726 So. 2d 854 (Fla. 2d DCA 1999); Baker v. State, 724 So. 2d 121 (Fla. 1st DCA 1998); Nelson v. State, 719 So. 2d 1230 (Fla. 1st DCA 1998); Ridley, supra; Berch, supra. Wilson agreed as a condition of his orig…
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Hope v. State, 751 So. 2d 657 (Fla. 4th DCA 1999)…commits felony theft, a third degree felony. See § 812.014, Fla. Stat. (1997). The felony petit theft statute does not provide for sentencing as an habitual offender under Florida Statutes section 775.084. See § 812.014, Fla. Stat.; Burke v. State, 734 So. 2d 1175 (Fla. 4th DCA 1999); Ridley v. State, 702 So. 2d 559 (Fla. 2d DCA 1997); Berch v. State, 691 So. 2d 1148 (Fla. 3d DCA 1997). Moreover, since the seven-year sentence imposed by the trial court exceeds the five-year statutory [*658] maximum for this t…
Authorities Cited
- Nelson v. State, 719 So. 2d 1230 (Fla. 1st DCA 1998)
- Ridley v. State, 702 So. 2d 559 (Fla. 2d DCA 1997)