Opinion
No. 87-697.
August 28, 1987.
Appeal from the Circuit Court for Pinellas County; Thomas E. Penick, Judge.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.
We find no error in the order denying appellant's motion to withdraw his guilty plea. Although the statutory maximum sentence for the grand theft conviction herein is five years, sections 812.014(2)(b) and 775.082(3)(d), Florida Statutes (1985), appellant was sentenced to five years and nine months. We set aside the sentence, and remand for imposition of a five-year sentence.
Otherwise, we affirm.
SCHEB, A.C.J., and HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.