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HARRIS v. STATE

No. TT-319.

400 So.2d 1296 (1981)

Robert Henry HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 4, 1981.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Thomas Presnell, Jr., Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Harris appeals his conviction and sentence for felony petit theft. Subsection 812.014(2)(c), Fla. Stat. (1979). We affirm the conviction, but reverse the sentence and remand for resentencing.

As provided in Subsection 812.014(2)(c), Florida Statutes (1979), petit theft is normally a misdemeanor. The statute, however, specifically provides that "[u]pon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of...

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