Bryant v. State

PER CURIAM. Appellant’s split sentence of four and one-half years in prison, followed by five years probation, exceeds the statutory maximum for the offense of conviction, felony petit theft.* See Gerow v. State, 516 So.2d 326 (Fla. 2d DCA 1987). Accordingly, we remand this case for resentenc-ing. The conviction itself, which is not contested, is affirmed. CAMPBELL, C.J., and RYDER and DANAHY, JJ., concur. Footnotes [*] A felony of the third degree. § 812.014(2)(d), Fla.Stat. (1987).