Steven Smith v. State Florida

The defendant, Steven Smith, contends the trial court erred in imposing prison sentences followed by probation which, when combined, exceed statutory maximums. We agree. This appeal involves two cases. In circuit court case number 89-344, the defendant pled guilty to two counts of burglary of a dwelling and two counts of grand theft, which occurred on September 16, 1988. He was sentenced to four and one-half years in prison followed by five years' probation on each count, concurrent. The burglary counts are second degree felonies, section 810.02(3), Florida Statutes (1987), and the sentence imposed on these burglary counts falls within the statutory maximum incarceration period of fifteen years. Arena v. State, 382 So.2d 407 (Fla. 4th DCA 1980). However, the two grand theft counts are third degree felonies, section 812.014, Florida Statutes (1987), as amended by Supp. (1988), which have a maximum penalty of five years' imprisonment. Atkinson v. State, 457 So.2d 1063 (Fla. 2d DCA 1984).