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Maddox v. State

District Court of Appeal of Florida, Third District
Aug 21, 1991
583 So. 2d 1119 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-650.

August 21, 1991.

An appeal from the Circuit Court for Dade County; David Tobin, Judge.

Bennett H. Brummer, Public Defender, and Rosa Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ.


On Confession of Error


We agree with the appellant's contention, and the state's confession, that the trial court erroneously relied on two prior uncounseled petit theft convictions to reclassify the present such conviction to a third degree felony. Leffew v. State, 518 So.2d 1376 (Fla. 2d DCA 1988); see Annechino v. State, 557 So.2d 915 (Fla. 4th DCA 1990). Accordingly, the five year sentence under review is vacated and the cause remanded for the trial court to resentence the defendant to no more than one year imprisonment for a first degree misdemeanor. § 812.014(2)(d), Fla. Stat. (1989).

The disallowance of the two uncounseled petit thefts leaves one valid prior petit theft in existence, thus permitting an enhancement of the present second degree misdemeanor to a first degree misdemeanor. § 812.014(2)(d), Fla. Stat. (1989).

Vacated, remanded.


Summaries of

Maddox v. State

District Court of Appeal of Florida, Third District
Aug 21, 1991
583 So. 2d 1119 (Fla. Dist. Ct. App. 1991)
Case details for

Maddox v. State

Case Details

Full title:ADRIAN DOUGLAS MADDOX, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 21, 1991

Citations

583 So. 2d 1119 (Fla. Dist. Ct. App. 1991)