Harris v. State

Harris appeals his conviction and sentence for felony petit theft. Subsection 812.014(2)(c), Fla.Stat. (1979). We affirm the conviction, but reverse the sentence and remand for resentencing.

As provided in Subsection 812.014(2)(c), Florida Statutes (1979), petit theft is normally a misdemeanor. The statute, however, specifically provides that “[ujpon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree, punishable as provided in ss. 775.082, 775.083, and s. 775.-084.” Therefore, in order to be sentenced under the felony provisions of…