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STAFFORD v. STATE

No. 90-1786.

573 So.2d 884 (1990)

John STAFFORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing and Certification February 7, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

In 1987 John Stafford pled guilty to armed burglary and grand theft. He was placed on probation. In 1989 Stafford pled guilty to burglary of a dwelling and violation of probation. He was sentenced to a concurrent 5 1/2 year sentence on both the burglary of a dwelling charge (second degree felony) and grand theft (third degree felony). He appealed claiming the trial court exceeded the maximum five year penalty for a third degree felony and used a score...

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