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Goodman v. State

District Court of Appeal of Florida, Fifth District
May 16, 1997
693 So. 2d 141 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-384

Opinion Filed May 16, 1997

Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge.

James B. Gibson, Public Defender, and Sean K. Ahmed, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.


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)1. 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, 22 Fla. L. Weekly D614 (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., GRIFFIN and ANTOON, JJ., concur.


Summaries of

Goodman v. State

District Court of Appeal of Florida, Fifth District
May 16, 1997
693 So. 2d 141 (Fla. Dist. Ct. App. 1997)
Case details for

Goodman v. State

Case Details

Full title:LOREN A. GOODMAN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 16, 1997

Citations

693 So. 2d 141 (Fla. Dist. Ct. App. 1997)