Watson v. State

Donald Watson appeals his judgment and sentence on second degree grand theft and petit theft, challenging the sufficiency of the evidence to support the conviction and the sentencing procedure. We affirm the judgment, finding that the evidence, though circumstantial, was sufficient to support the conviction. We must, however, vacate the sentence and remand.

Rule 3.710, Fla.R.Crim.P., provides that the court may not impose any discretionary sentence other than probation on any defendant who is found guilty of his first felony or who is under the age of eighteen years until after a presentence…