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SMITH v. STATE

No. 87-1836.

528 So.2d 1344 (1988)

Derrick B. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 5, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

FRANK, Judge.

The defendant appeals from his sentence for second degree grand theft, a felony of the third degree, in Case No. CRC 84-6130 CFANO, which the state concedes was erroneously imposed in excess of the statutory maximum of five years. See §§ 812.014(2)(b), 775.082, Fla. Stat. (1985). The defendant also filed a timely motion to correct sentence under Florida Rule of Criminal Procedure 3.800, but the trial court apparently never ruled upon...

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