KENNETH YORK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the appellant’s judgments and sentences for the offenses of aggravated assault and burglary of a dwelling. We reverse and remand for resentencing the sentences imposed for the offenses of battery and trespass because the trial court originally improperly sentenced the appellant to community control on those misdemeanor charges. Pursuant to section 948.-01(4), Florida Statutes, community control may be imposed only for felony offenses. Despite the appellant’s failure to object, the revocation and subsequent sentences are void. DeLeon v. State, 536 So. 2d 305 (Fla. 2d DCA 1988). Young v. State, 509 So. 2d 1339 (Fla. 1st DCA 1987).
Accordingly, we affirm in part and reverse in part and remand for resentencing the appellant’s misdemeanor convictions.
PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Curtiss W. Carlin v. State, 626 So. 2d 316 (Fla. 5th DCA 1993)…e of community control imposed for two misdemeanors, to be served concurrently. Community control can only be imposed for felony offenses. Section 948.01(3), Fla. Stat. (1991); See Thompson v. State, 617 So. 2d 411 (Fla. 2d DCA 1993); York v. State, 599 So. 2d 199 (Fla. 2d DCA 1992); DeLeon v. State, 536 So. 2d 305 (Fla. 2d DCA 1988). The sentences imposed for two misdemeanors are vacated. REVERSED. HARRIS, C.J., and COBB, J., concur.…
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Barron Thomas Thompson, Jr. v. State, 617 So. 2d 411 (Fla. 2d DCA 1993)…trol for two years when the statutory limit is twenty-two months. On the sentence for the misdemean- or offense, the court further erred in imposing one year community control. The law does not allow such sentence for a misdemeanor. York v. State, 599 So. 2d 199 (Fla. 2d DCA 1992); DeLeon v. State, 536 So. 2d 305 (Fla. 2d DCA 1988). In summary, we affirm both convictions, reverse the sentences imposed, and remand for resentencing in accord with this opinion. Affirmed. SCHOONOVER and HALL, JJ., concur.…
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Mitchell v. State, 614 So. 2d 671 (Fla. 2d DCA 1993)…l court sentencing Mitchell to community control for the misdemeanor at the original sentencing. Page v. State, 585 So. 2d 508 (Fla. 2d DCA 1991). We have previously held a sentence to community control for a misdemeanor offense void. York v. State, 599 So. 2d 199 (Fla. 2d DCA 1992). Accordingly we affirm in part, reverse in part, and remand for resentencing of the misdemeanor charge in case no. 89-21116. FRANK, A.C.J., and ALTENBERND, J., concur.…
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- Dep't OF Bus. Reg. & Div. of Risk Mgmt. v. DeARMITT, 536 So. 2d 305 (Fla. 1st DCA 1988)
- Avelino DeLEON v. State, 536 So. 2d 305 (Fla. 2d DCA 1988)
- Kozerski v. State, 509 So. 2d 1339 (Fla. 3d DCA 1987)
- Fla. Bldg. Inspection Servs., Inc. v. Cypress Bend Condo. Ass'n, Inc., 509 So. 2d 1339 (Fla. 3d DCA 1987)