Arena v. State

Appellant was charged with and convicted of burglary of a dwelling. The trial court adjudicated appellant guilty of burglary and sentenced him to fifteen years. After eight years in prison he was to be placed on probation for five years.

Appellant contends that the sentence imposed is excessive because he was adjudicated guilty of burglary, a third degree felony which carries a maximum sentence of five years. On the other hand, the state contends the case is controlled by Ham brick v. State, 80 Fla. 672, 86 So. 623 (Fla.1920), and Russo v. State, 340 So.2d 1273 (Fla. 4th DCA 1978). In Russo,…