Hillyer v. State

District Court of Appeal of Florida

Hillyer v. State

516 So. 2d 74, 12 Fla. L. Weekly 2730, 1987 Fla. App. LEXIS 11272, 1987 WL 2029

District Court of Appeal of Florida·Decided December 3, 1987·No. No. 87-45·Published·Cited by 3 cases

Opinion

SHARP, Judge.

Hillyer appeals his sentences and convictions for resisting arrest with violence,¹ and battery upon a law enforcement officer.² We affirm except for that portion of the judgment which imposes 137 hours of community service pursuant to section 27.-3455(1). At the time Hillyer was sentenced on December 16, 1986, section 27.3455(1) was amended (effective October 1, 1986) to delete the possible imposition of community service. Accordingly, we strike that part of the judgment. Cf. Vetzel v. State, 511 So.2d 739 (Fla. 5th DCA 1987).

AFFIRM; STRIKE PART OF SENTENCE.

UPCHURCH, C.J., and DAUKSCH, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SHARP, Judge.

Hillyer appeals his sentences and convictions for resisting arrest with violence,¹ and battery upon a law enforcement officer.² We affirm except for that portion of the judgment which imposes 137 hours of community service pursuant to section 27.-3455(1). At the time Hillyer was sentenced on December 16, 1986, section 27.3455(1) was amended (effective October 1, 1986) to delete the possible imposition of community service. Accordingly, we strike that part of the judgment. Cf. Vetzel v. State, 511 So.2d 739 (Fla. 5th DCA 1987).

AFFIRM; STRIKE PART OF SENTENCE.

UPCHURCH, C.J., and DAUKSCH, J., concur.

Hillyer v. State, 516 So. 2d 74, 12 Fla. L. Weekly 2730, 1987 Fla. App. LEXIS 11272, 1987 WL 2029 (Fla. Ct. App. 1987).

Pincite

516 So. 2d 74 (Hillyer v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related