M.B. v. State

District Court of Appeal of Florida

M.B. v. State

655 So. 2d 1301, 1995 Fla. App. LEXIS 6275, 1995 WL 340677

Procedural entryThis page is a short order in M.B. v. State. Read the opinion of the Court — 1998 Fla. App. LEXIS 2012 →

District Court of Appeal of Florida·Decided June 9, 1995·No. No. 94-02520·Published

Opinion

BLUE, Judge.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the defendant’s conviction for criminal mischief, a first-degree misdemeanor. We reverse his sentence of indefinite community control because it exceeds the maximum sentence that can be imposed for a first-degree misdemeanor. See § 39.054, Fla.Stat. (1993); T.S.W. v. State, 489 So.2d 1146 (Fla. 2d DCA 1986). We remand for resentencing to correct the sentence of community control to a period of time not to exceed one year.

Affirmed in part, reversed in part and remanded for resentencing.

DANAHY, A.C.J., and PATTERSON, J., concur.

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BLUE, Judge.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the defendant’s conviction for criminal mischief, a first-degree misdemeanor. We reverse his sentence of indefinite community control because it exceeds the maximum sentence that can be imposed for a first-degree misdemeanor. See § 39.054, Fla.Stat. (1993); T.S.W. v. State, 489 So.2d 1146 (Fla. 2d DCA 1986). We remand for resentencing to correct the sentence of community control to a period of time not to exceed one year.

Affirmed in part, reversed in part and remanded for resentencing.

DANAHY, A.C.J., and PATTERSON, J., concur.

M.B. v. State, 655 So. 2d 1301, 1995 Fla. App. LEXIS 6275, 1995 WL 340677 (Fla. Ct. App. 1995).

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Opinion

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