ANTHONY LEE DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm defendant’s sentence imposed after the revocation of his probation with the following exceptions. First, probation conditions 6, 10, 15, 19, and 23 are stricken because they were not orally pronounced at the sentencing hearing. See Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992). Second, condition 4, which requires the defendant to obtain the consent of his probation officer to possess any firearm is stricken. See Beckner v. State, 604 So. 2d 842 (Fla. 2d DCA 1992) (a convicted felony may not lawfully own or possess a firearm). Third, we remand for the trial court to determine, and strike from defendant’s extended probationary period for his grand theft conviction, any amount of probation in excess of the statutory maximum. See Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991).
Remanded for resentencing in accordance with this opinion. Otherwise affirmed.
LEHAN, C.J., and RYDER and PATTERSON, JJ., concur.
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Williams v. State, 629 So. 2d 174 (Fla. 2d DCA 1993)…t originally have imposed before placing a defendant on community control. See Williams v. State, 581 So. 2d 144, 146 (Fla.1991). See also Teasley v. State, 610 So. 2d 26 (Fla. 2d DCA 1992), review denied, 618 So. 2d 1370 (Fla.1993); Davis v. State, 604 So. 2d 844 (Fla. 2d DCA 1992). Williams must receive 100 days credit toward the four-year prison sentence imposed but, since he had not previously served any time on probation, under Servís and Summers he is not entitled to a credit toward his newly-imposed pr…
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Carter v. State, 606 So. 2d 680 (Fla. 2d DCA 1992)…usly when probation was first imposed for this conviction. We reverse this sentence and remand it to the trial court to strike from Carter’s extended probationary period any amount of probation in excess of the statutory maximum. See Davis v. State, 604 So. 2d 844 (Fla. 2d DCA 1992); Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991). Carter argues that this result also should occur in circuit court case number 88-6466. We disagree. In case number 88-6466, the state charged and the trial court adjudicated Ca…
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Teasley v. State, 610 So. 2d 26 (Fla. 2d DCA 1992)…ich Teasley challenges in this appeal. We find that the sentence is illegal, but the basis for our conclusion differs from the reason Teasley raised in this appeal. A trial court may not extend probation beyond the statutory maximum. Davis v. State, 604 So. 2d 844 (Fla. 2d DCA 1992); Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991). In this case, the statutory maximum was five years. § 775.082(3)(d), Fla. Stat. (1983). Because the trial court initially extended Teasley’s probation beyond July 10, 1989, the…
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- Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992)
- Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991)
- Beckner v. State, 604 So. 2d 842 (Fla. 2d DCA 1992)