MATOS v. STATE

No. 91-2682.

606 So.2d 1289 (1992)

Lisette MATOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 13, 1992.


Attorney(s) appearing for the Case

Marc L. Lubet of Law Office of Lubet & Blechman, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

We find no merit in appellant's contention that the state failed to prove at trial that she embezzled in excess of $20,000 of her employer's funds. As to the sentence, however, the state acknowledges the combined sentence of community control and probation exceeds the statutory maximum. Accordingly, we affirm the judgment but vacate the sentence and remand for correction.

JUDGMENT AFFIRMED; SENTENCE VACATED; REMANDED FOR CORRECTION.

W....

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