Maddox v. State

On Confession of Error

We agree with the appellant’s contention, and the state’s confession, that the trial court erroneously relied on two prior un-counseled petit theft convictions to reclassify the present such conviction to a third degree felony. Leffew v. State, 518 So.2d 1376 (Fla. 2d DCA 1988); see Annechino v. State, 557 So.2d 915 (Fla. 4th DCA 1990). Accordingly, the five year sentence under review is vacated and the cause remanded for the trial court to resentence the defendant to no more than one year imprisonment for a first degree misdemeanor. § 812.014(2)(d), Fla.Stat. (1989).1

Vac…