McGehee v. State

District Court of Appeal of Florida

McGehee v. State

688 So. 2d 1008, 1997 Fla. App. LEXIS 1810, 1997 WL 90782

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1997

DocketNo. 96-1388

StatusPublished

Cited by2 cases

This text of 688 So. 2d 1008 (McGehee 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.

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McGehee v. State, 688 So. 2d 1008, 1997 Fla. App. LEXIS 1810, 1997 WL 90782 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

David McGehee appeals his sentence imposed following the revocation of his probation, arguing that the trial court erred in committing him to two years community control when he had already completed one year of community control for the underlying conviction imposed as a special condition of his [1009]*1009probation. The state concedes error on this point and we agree. The statutory maximum for a sentence of community control is two years. § 948.01(4), Fla.Stat., (1995). Thus, McGehee is entitled to credit for the one year community control previously served against his current commitment and he should not have been sentenced to more than one additional year of community control for his violation of probation. MeGehee’s sentence is therefore vacated and the case is remanded for resentencing in accordance with this opinion. Waters v. State, 662 So.2d 332 (Fla.1995); Sipp v. State, 604 So.2d 576 (Fla. 5th DCA 1992).

Remanded for resentencing.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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PER CURIAM.

David McGehee appeals his sentence imposed following the revocation of his probation, arguing that the trial court erred in committing him to two years community control when he had already completed one year of community control for the underlying conviction imposed as a special condition of his [1009]*1009probation. The state concedes error on this point and we agree. The statutory maximum for a sentence of community control is two years. § 948.01(4), Fla.Stat., (1995). Thus, McGehee is entitled to credit for the one year community control previously served against his current commitment and he should not have been sentenced to more than one additional year of community control for his violation of probation. MeGehee’s sentence is therefore vacated and the case is remanded for resentencing in accordance with this opinion. Waters v. State, 662 So.2d 332 (Fla.1995); Sipp v. State, 604 So.2d 576 (Fla. 5th DCA 1992).

Remanded for resentencing.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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688 So. 2d 1008, 1997 Fla. App. LEXIS 1810, 1997 WL 90782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgehee-v-state-fladistctapp-1997.

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