Opinion
No. 87-02391.
January 26, 1990.
Appeal from the Circuit Court for Collier County; Charles T. Carlton, Judge.
James Marion Moorman, Public Defender and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
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.
A felony of the third degree. § 812.014(2)(d), Fla. Stat. (1987).
CAMPBELL, C.J., and RYDER and DANAHY, JJ., concur.