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WATTS v. STATE

No. 96-3297.

696 So.2d 1347 (1997)

Benny WATTS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 23, 1997.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before NESBITT, LEVY and SHEVIN, JJ.

PER CURIAM.

The State correctly concedes that it was error to add a twenty-five-year period of probation to the five-year period of incarceration in connection with the third-degree felony charge of Attempted Robbery. Since the appellant was sentenced as a habitual offender in connection with that charge, the maximum lawful sentence that could be imposed on the defendant in connection with that charge would be one not exceeding a total period of ten years. Accordingly...

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