Opinion
No. 98-2461
Opinion filed June 23, 1999. JANUARY TERM 1999
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Nos. 96-7291CF A02; 96-8561CF A02; 96-8562CF A02; 96-8909CF A02 96-9812CF A02.
Laura Barrow of Laura Lee Barrow, P.A., West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
David Burke timely appeals his convictions and habitual offender sentences for five counts of burglary of a dwelling, one count of burglary of a conveyance, three counts of grand theft, and one count of felony petit theft. We affirm appellant's convictions and sentences for all counts except we reverse his habitual offender sentence for felony petit theft. See § 812.014, Fla. Stat. (1995); Nelson v. State, 719 So.2d 1230, 1231 (Fla. 1st DCA 1998); Ridley v. State, 702 So.2d 559 (Fla. 2d DCA 1997). We remand with instructions to vacate appellant's habitual offender sentence for felony petit theft and for resentencing on this conviction.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, POLEN and FARMER, JJ., concur.