From Casetext: Smarter Legal Research

McClay v. State

District Court of Appeal of Florida, Third District
Nov 13, 1990
569 So. 2d 523 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-193.

November 13, 1990.

An Appeal from the Circuit Court for Dade County; Gisela Cardonne, Judge.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and FERGUSON and LEVY, JJ.


The defendant appeals from a fifteen-year "general" sentence on convictions for burglary of an auto and grand theft in violation of sections 810.02 and 812.014(1)(2)(c), Florida Statutes (1989). Both offenses are third-degree felonies punishable by maximum sentences of five years. § 775.082(3)(d), Fla. Stat. (1989). The State concedes, correctly, that the defendant can be sentenced to no more than two consecutive five-year terms.

Reversed and remanded for resentencing.


Summaries of

McClay v. State

District Court of Appeal of Florida, Third District
Nov 13, 1990
569 So. 2d 523 (Fla. Dist. Ct. App. 1990)
Case details for

McClay v. State

Case Details

Full title:ANTHONY McCLAY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 13, 1990

Citations

569 So. 2d 523 (Fla. Dist. Ct. App. 1990)

Citing Cases

Argote v. State

The maximum sentence for third degree felonies is five years imprisonment. § 775.082(3)(d), Fla. Stat.…