Opinion
No. 95-2069.
April 12, 1996. Rehearing Denied June 18, 1996.
An appeal from the Circuit Court for Escambia County. John P. Kuder, Judge.
Nancy A. Daniels, Public Defender; Jean R. Wilson, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Mark Menser, Assistant Attorney General, Tallahassee, for Appellee.
Scott Norris, also known as Brian Scott Norris (Norris), appeals his convictions and his adult sentences. We agree with the State that Norris properly was sentenced as an adult, and that no double jeopardy violation exists. The State properly concedes however that Norris's grand theft conviction in case number 94-5285 must be corrected to reflect a conviction for merely petit theft.
We therefore affirm Norris's convictions and sentences with the exception of his conviction for grand theft. We vacate Norris's grand theft conviction and remand for correction of Norris's judgment and sentence accordingly.
MICKLE and LAWRENCE, JJ., concur.
WEBSTER, J., concurs with written opinion.
I am troubled by the 10-year adult prison sentence imposed upon this 16-year-old appellant with no prior record, for what was essentially a series of property crimes committed during a single episode. However, the sentence imposed is within the guidelines range. Moreover, I am unable to conclude that the decision to impose adult sanctions was a clear abuse of discretion. E.g., Gard v. State, 521 So.2d 369 (Fla. 2d DCA 1988); Wright v. State, 507 So.2d 784 (Fla. 1st DCA 1987). Accordingly, I concur.