McCLAIN v. STATE

No. 93-848.

633 So.2d 1131 (1994)

Donnie McCLAIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 15, 1994.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Mark C. Katzef, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ.


PER CURIAM.

The defendant appeals from his twenty-two-year concurrent sentences entered upon his convictions on two counts of robbery and one of grand theft. While the twenty-two years was at the top of and thus within the range of the permissible guidelines sentence, the sentence as to each individual count exceeded the statutory maximum, fifteen years for robbery, as a second degree felony, §§ 812.13(2)(c) and 775.082(3)(c), Fla. Stat. (1989), and five...

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