Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DAVID MCGEHEE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

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 probation. 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. McGehee'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.

Use AI to get other relevant cases.

Comments

McGEHEE v. STATE
(Mar 5, 1997)