Opinion
No. 95-3213.
December 4, 1996.
Appeal from the Circuit Court for Monroe County, Steven Shea, Judge.
Bennett H. Brummer, Public Defender, and Julie M. Levitt, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Douglas Gurnic, Assistant Attorney General, for appellee.
Before COPE, GERSTEN and GODERICH, JJ.
Dale Chapman appeals a final judgment of conviction for burglary of a conveyance and petit theft. The sole point on appeal is whether the petit theft conviction should have been classified as a second degree misdemeanor rather than a first degree misdemeanor. See 812.014(2)(d), Fla. Stat. (1993). As the presentence investigation does not show a prior theft conviction, it appears that the petit theft conviction must be reduced to a second degree misdemeanor, see id., and the sentence on that count must be reduced accordingly.
The conviction and sentence on the conviction for burglary of a conveyance are not challenged and are affirmed.
Affirmed in part, reversed in part, and remanded for correction of count 2.