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PEEK v. STATE

No. 91-2872.

610 So.2d 5 (1992)

James Tommy PEEK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Certification December 22, 1992.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant's sentences are REVERSED and the case is REMANDED to the trial court for resentencing in compliance with the habitual offender statute. Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992). The trial court is reminded that section 775.084, Florida Statutes, no longer applies to misdemeanor offenses, and that the sentence for the third degree felony may not exceed the ten year statutory maximum.

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