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BROWN v. STATE

No. 94-1054.

652 So.2d 449 (1995)

Leroy BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 22, 1995.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Stephanie G. Kolman and Elliot B. Kula, Asst. Attys. Gen., for appellee.

Before COPE, LEVY and GODERICH, JJ.

PER CURIAM.

The defendant's conviction for third-degree grand theft is affirmed since the evidence was sufficient. B.P. v. State, 515 So.2d 423 (Fla. 3d DCA 1987). However, this cause is remanded to the trial court for resentencing within the statutory maximum. The defendant was sentenced to nine years probation. However, the maximum probation that can be imposed for a third-degree felony is five years. Servis v. State...

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