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Webb v. State

636 So. 2d 198, 1994 Fla. App. LEXIS 4494, 1994 WL 169135
Procedural entryThis page is a short order in Webb v. State. Read the opinion of the Court — 609 So. 2d 728 →
District Court of Appeal of Florida·Decided May 6, 1994·No. No. 93-1363·Published

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

The motion for rehearing is granted, the previous decision is withdrawn.

Appellant was given a sentence in excess of the one-year maximum for a first degree misdemeanor. He was given a year of probation after he had already served ninety-six days in the county jail. Because the maximum sentence -is one year, the court erred by ninety-six days. The sentence is vacated and this cause remanded for resentencing.

SENTENCE VACATED; REMANDED.

DAUKSCH, W. SHARP, and THOMPSON, JJ., concur.

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Webb v. State, 636 So. 2d 198, 1994 Fla. App. LEXIS 4494, 1994 WL 169135 (Fla. Ct. App. 1994).

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