Sipp v. State, 604 So. 2d 576

ON MOTION FOR REHEARING

PER CURIAM.

Appellee‘s Motion for Rehearing is hereby granted. Upon reconsideration of the appellee‘s brief, we find that our opinion remains unchanged and therefore reissue our original opinion.

In reviewing this Anders appeal, we have observed an error in the sentence that requires correction on remand. The defendant was initially placed on two years of community control. After violation of community control three months later, the defendant was again placed on two years of community control and, as a special condition of community control, was required to serve 240 days in county jail.¹ Two years is the maximum period of community control available for any one offense. § 948.01(5), Fla. Stat. (1989). Because the total term of community control imposed exceeds two years, the sentence is illegal.

SENTENCE VACATED; REMANDED for resentencing.

COWART, HARRIS and GRIFFIN, JJ., concur.

Notes

1

Credit was given for forty-five days time served.

Case Details

Case Name: Sipp v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 11, 1992

Citations: 604 So. 2d 576; 1992 WL 217075; 91-2096

Docket Number: 91-2096

Court Abbreviation: Fla. Dist. Ct. App.