GUY HALL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In accordance with our decision in Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988), that “the maximum sentence a court may impose after revocation of a youthful-offender’s probation or community control is the six-year limitation period of the statute,” § 958.14, Fla.Stat. (1987), we vacate appellant’s sentence.
In addition, we direct the trial court to correct the order revoking probation by striking the finding that appellant resisted arrest without violence. The record discloses that the state conceded there was no evidence to support that finding. Furthermore, the trial court found that the violation of probation was based only on defendant’s failure to submit monthly reports and on the sale of marijuana, see Davis v. State, 518 So. 2d 966 (Fla. 3d DCA 1988), but not on resisting arrest.
VACATED AND REMANDED.
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State v. Watts, 558 So. 2d 994 (Fla. 1990)…ate, 543 So. 2d 435 (Fla. 2d DCA 1989); Warren v. State, 542 So. 2d 429 (Fla. 3d DCA 1989), review granted, No. 74,212 (Fla. Oct. 9, 1989); Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988), review granted, 544 So. 2d 201 (Fla.1989);3 Hall v. State, 536 So. 2d 268 (Fla. 3d DCA 1988); Reams v. State, 528 So. 2d 558 (Fla. 1st DCA 1988); Buckle v. State, 528 So. 2d 1285 (Fla. 2d DCA 1988); Watson v. State, 528 So. 2d 101 (Fla. 1st DCA 1988); and Brown v. State, 492 So. 2d 822 (Fla. 2d DCA 1986).4 Since the only…
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Warren v. State, 542 So. 2d 429 (Fla. 3d DCA 1989)…h violation to a period longer than six years or for a period longer than the maximum sentence for the offense for which he was originally found guilty, whichever is less. Dixon v. State, Case No. 87-1795, (Fla. 3d DCA April 18,1989); Hall v. State, 536 So. 2d 268 (Fla. 3d DCA 1988); Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988); Watson v. State, 528 So. 2d 101 (Fla. 1st DCA 1988). Consequently, the sentence must be vacated on this ground. Third, and finally, defendant contends, and the state concedes, t…
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Watts v. State, 542 So. 2d 425 (Fla. 2d DCA 1989)…ection 958.14 imposes a six year limitation on the sentence of imprisonment that can be imposed upon revocation of a youthful offender’s probation or community control. See Buckle v. State, 528 So. 2d 1285 (Fla. 2d DCA 1988). See also Hall v. State, 536 So. 2d 268 (Fla. 3d DCA 1988); Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988); Reams v. State, 528 So. 2d 558 (Fla. 1st DCA 1988); Watson v. State, 528 So. 2d 101 (Fla. 1st DCA 1988). Contra Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988). Franklin c…
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- Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988)
- Kern Ron Davis v. State, 518 So. 2d 966 (Fla. 3d DCA 1988)