N.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Third-Degree Felony Sentencing cases and more on FLexlaw
PATTERSON, Acting Chief Judge.
N.D. challenges the trial court’s finding of guilt for battery on a school board employee and the order imposing community control. N.D.’s appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), finding no meritorious grounds for appeal. However, appellate .counsel correctly points out that the trial court erred in placing N.D. on community control for an indeterminate period without limiting the sentence to the five-year statutory maximum for a third-degree felony. See A.J.Y. v. State, 687 So. 2d 921 (Fla. 2d DCA 1997); §§ 231.06, 775.082, Fla. Stat. (1995).
Upon independent review of the record, we agree that the trial court committed no reversible error, other than the failure to limit the term of community control. Therefore, we affirm the trial court’s finding of guilt and remand for the correction of the order to reflect a maximum sentence of five years.
Affirmed in part, reversed in part and remanded.
QUINCE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Denzil Keith ASH v. State, 790 So. 2d 1130 (Fla. 2d DCA 2001)…one and to a concurrent term of thirty years on count two notwithstanding the fact that Ash was never placed on community control as to count two. Ash appealed the 1996 sentence, the State conceded error, and this court reversed.1 See Ash v. State, 706 So. 2d 931 (Fla. 2d DCA 1998). This court instructed that on remand, Ash was to be sentenced under the guidelines. Id. On remand, the State argued that the original guidelines sentencing cell was seven to nine years and a two-cell bump would indicate a recomm…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Sprague, 687 So. 2d 921 (Fla. 2d DCA 1997)
- A.J.Y. v. State, 687 So. 2d 921 (Fla. 2d DCA 1997)