Smith v. State, 578 So. 2d 44 (Fla. 2d DCA 1991). · Go Syfert
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Smith v. State, 578 So. 2d 44 (Fla. 2d DCA 1991). Cases Citing This Book View Copy Cite
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Calvin Leon SMITH
v.
STATE of Florida
No. 90-02134.
District Court of Appeal of Florida, Second District.
Apr 17, 1991.
Published opinion
578 So. 2d 44
1991 Fla. App. LEXIS 3611
1991 WL 58892
James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.
Danahy, Ryder, Schoonover.
Published
PER CURIAM.

We affirm the appellant’s convictions in this case without comment. However, we agree with the appellant that his sentence on the charge of grand theft is incorrect. The appellant was sentenced as a habitual violent felony offender. As to his conviction for grand theft, the trial court imposed the maximum sentence of ten years and made that term mandatory. Under section 775.084(4)(b)3, Florida Statutes (1989), the mandatory term of imprisonment for a habitual violent felony offender convicted of a third degree felony is five years.

Accordingly, we remand for resentencing on the grand theft conviction in accordance with section 775.084(4)(b)3, Florida Statutes (1989).

SCHOONOVER, C.J., and RYDER and DANAHY, JJ., concur.