May v. State

District Court of Appeal of Florida

May v. State

670 So. 2d 1103, 1996 Fla. App. LEXIS 2848, 1996 WL 125760

Procedural entryThis page is a short order in May v. State. Read the opinion of the Court — 623 So. 2d 601 →

District Court of Appeal of Florida·Decided March 22, 1996·No. No. 95-01420·Published

Opinion

PATTERSON, Acting Chief Judge.

James May challenges his judgment and sentence for stalking. We find no error as to May’s conviction and, therefore, affirm. However, we agree with May’s argument that the trial court erred in ordering him to “stay away from victim and victim’s family and other witnesses in this ease” after his release from jail. Stalking is a first-degree misdemeanor punishable by a term of imprisonment not exceeding one year. § 784.048(2), Fla.Stat. (Supp.1994); § 775.082(4)(a), Fla.Stat. (Supp.1994). May received a sentence of 364 days in county jail. The order is invalid because it exceeds the statutory maximum sentence. See Fielding v. State, 661 So.2d 973 (Fla. 3d DCA 1995). Accordingly, we strike the “stay away” order.

Affirmed in part; order stricken.

ALTENBERND and LAZZARA, JJ., concur.

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PATTERSON, Acting Chief Judge.

James May challenges his judgment and sentence for stalking. We find no error as to May’s conviction and, therefore, affirm. However, we agree with May’s argument that the trial court erred in ordering him to “stay away from victim and victim’s family and other witnesses in this ease” after his release from jail. Stalking is a first-degree misdemeanor punishable by a term of imprisonment not exceeding one year. § 784.048(2), Fla.Stat. (Supp.1994); § 775.082(4)(a), Fla.Stat. (Supp.1994). May received a sentence of 364 days in county jail. The order is invalid because it exceeds the statutory maximum sentence. See Fielding v. State, 661 So.2d 973 (Fla. 3d DCA 1995). Accordingly, we strike the “stay away” order.

Affirmed in part; order stricken.

ALTENBERND and LAZZARA, JJ., concur.

May v. State, 670 So. 2d 1103, 1996 Fla. App. LEXIS 2848, 1996 WL 125760 (Fla. Ct. App. 1996).

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Opinion

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