GILMORE v. STATE

No. 85-718.

479 So.2d 791 (1985)

Barry Paul GILMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 19, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Acting Chief Judge.

Appellant was convicted of burglary of a dwelling and second degree grand theft. The court determined him to be a habitual felony offender and gave him concurrent twenty-five year sentences. However, second degree grand theft is a third degree felony authorizing a five year maximum sentence which could only be enhanced to ten years. § 775.084(4)(a)3, Fla. Stat. (1983).

Appellant was also ordered to make $1,800 restitution to...

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