VARGAS v. STATE

No. 90-246.

561 So.2d 476 (1990)

Ramon VARGAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 29, 1990.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before FERGUSON, LEVY and GODERICH, JJ.


CONFESSION OF ERROR

PER CURIAM.

The State properly concedes that the trial court erred in sentencing the defendant. The defendant was found guilty of burglary of a structure and grand theft. The sentencing guidelines call for any nonstate prison sanction. The trial court, however, sentenced the defendant to three years in prison followed by five years probation on each count to run concurrently. At the sentencing hearing, the trial court stated that it exceeded...

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