From Casetext: Smarter Legal Research

Speller v. State

District Court of Appeal of Florida, Second District
Jul 7, 1989
545 So. 2d 968 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-02917.

July 7, 1989.

Appeal from the Circuit Court for Polk County; William K. Love, (Ret.) and E. Randolph Bentley, Judges.

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.


We affirm appellant's convictions for burglary of a structure, grand theft, and possession of burglary tools. However, because the concurrent five-and-one-half-year sentences exceed the statutory maximum for each of the offenses, appellant must be resentenced.

Affirmed in part, reversed in part, and remanded with instructions.

RYDER, A.C.J., and FRANK and PATTERSON, JJ., concur.


Summaries of

Speller v. State

District Court of Appeal of Florida, Second District
Jul 7, 1989
545 So. 2d 968 (Fla. Dist. Ct. App. 1989)
Case details for

Speller v. State

Case Details

Full title:EDWARD EARL SPELLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 7, 1989

Citations

545 So. 2d 968 (Fla. Dist. Ct. App. 1989)

Citing Cases

Mitchell v. State

The trial court imposed the same split sentence for each felony charge, thereby exceeding the statutory…