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CHAPMAN v. STATE

No. 95-1076.

672 So.2d 637 (1996)

Dencil Lee CHAPMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 26, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. The state has conceded that it was improper for the grand theft to be an "additional offense" under the sentencing guidelines' confusing scheme. The grand theft should be the "primary offense" so that the court can legally habitualize the appellant on the burglary conviction and thus maximize the penalty, as the judge wanted to do and should do. Watson v. State, 658 So.2d 118

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