Jimmy PIERRE, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender and Lisa Walsh, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Dominique T. Suite-Brown, Fort Lauderdale, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GREEN and SHEVIN, JJ.
SCHWARTZ, Chief Judge.
Although the trial judge announced at sentencing that she was imposing an upward departure sentence because of subsequent crimes, see Harris v. State,
In addition, the sentence for the multiple offenses of which the defendant was convicted included one for grand theft which exceeded the statutory maximum of five years. Upon remand the sentence for this offense (Count V) should be corrected accordingly.
There is no claim of error in the convictions and they are therefore affirmed.
Affirmed in part, vacated in part and remanded.
