MEDINA v. STATE

No. 91-02835.

604 So.2d 30 (1992)

Jose MEDINA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 26, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Acting Chief Judge.

Appellant argues that the court had no authority to impose probation beyond the maximum statutorily permissible term. We agree.

Appellant was convicted of grand theft, a third degree felony, the statutory maximum for which is five years. §§ 812.014(2) and 775.082(3)(d), Fla. Stat.(1989). From January 18, 1990 to August 13, 1991, a period of one year and two hundred and seven days, appellant was on probation. Appellant...

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