Opinion
No. 96-02083
August 12, 1998.
Appeal from the Circuit Court for Hillsborough County; Cynthia A. Holloway, Judge.
James Marion Moorman, Public Defender, and Douglas Chanco, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
The only issue raised by appellant on appeal is whether the trial court erred in sentencing him to five-and-one-half years' imprisonment upon revocation of his community control in Case No. 91-16683, since the maximum sentence for his 1991 offenses of burglary of a structure and grand theft is five years. The State concedes that even with bump-ups for violation of community control, appellant's sentence in that case exceeded the maximum permitted by statute. See Fla. R. Crim. P. 3.701(d)(10) (1991). Accordingly, appellant's sentence in Case No. 91-16683 is reversed and remanded for resentencing.
FULMER and NORTHCUTT, JJ., Concur.