Gasiorowski v. State

District Court of Appeal of Florida

Gasiorowski v. State

610 So. 2d 67, 1992 Fla. App. LEXIS 12713, 1992 WL 361301

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1992

DocketNo. 91-2196

StatusPublished

This text of 610 So. 2d 67 (Gasiorowski v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gasiorowski v. State, 610 So. 2d 67, 1992 Fla. App. LEXIS 12713, 1992 WL 361301 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellant pled guilty to violating his probation. The trial court sentenced him to seven years in prison followed by five years of community control. The state concedes that section 948.01(5), Florida Statutes (Supp.1986), limits the duration of community control to a maximum of two years. Therefore, we reverse the sentence imposed and remand this cause with directions to vacate three of the five years of community control imposed as part of appellant’s sentence. On remand, the trial court may, if it deems it appropriate, resen-tence appellant in accord with State v. Be-tancourt, 552 So.2d 1107 (Fla.1989) and Fernandez v. State, 592 So.2d 1090 (Fla.1992).

REVERSED and REMANDED.

HERSEY, DELL and POLEN, JJ., concur.

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PER CURIAM.

Appellant pled guilty to violating his probation. The trial court sentenced him to seven years in prison followed by five years of community control. The state concedes that section 948.01(5), Florida Statutes (Supp.1986), limits the duration of community control to a maximum of two years. Therefore, we reverse the sentence imposed and remand this cause with directions to vacate three of the five years of community control imposed as part of appellant’s sentence. On remand, the trial court may, if it deems it appropriate, resen-tence appellant in accord with State v. Be-tancourt, 552 So.2d 1107 (Fla.1989) and Fernandez v. State, 592 So.2d 1090 (Fla.1992).

REVERSED and REMANDED.

HERSEY, DELL and POLEN, JJ., concur.

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610 So. 2d 67, 1992 Fla. App. LEXIS 12713, 1992 WL 361301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gasiorowski-v-state-fladistctapp-1992.

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