ROCKY C. DARLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The order withholding adjudication of guilt and placing appellant on probation is affirmed as to the introduction of contraband and two burglary charges and the concurrent two-year probationary sentences imposed therefor. As for the concurrent one-year probationary sentences imposed for each of the two criminal mischief charges, we reverse because those sentences exceed the statutory maximum allowed by law and are therefore illegal. See §§ 775.082(4)(b) & 948.15(1), Fla. Stat. (1997). And see Smith v. State, 484 So. 2d 581 (Fla.1986); Purvis v. Lindsey, 587 So. 2d 638 (Fla. 4th DCA 1991). The trial court is directed to vacate the excessive six-month portions of the criminal mischief sentences.
AFFIRMED in part, REVERSED in part, and REMANDED with directions.
ERVIN and JOANOS, JJ. and SMITH, LARRY G., SENIOR JUDGE, CONCUR.
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Jenkins v. State, 884 So. 2d 1014 (Fla. 1st DCA 2004)…f physical force or violence against an individual.” See Branch v. State, 790 So. 2d 437 (Fla. 1st DCA 2000); Brown v. State, 789 So. 2d 366 (Fla. 2d DCA 2001); Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000) (en banc). See also Robinson v. State, 751 So. 2d 737 (Fla. 1st DCA 2000), approved in part, 793 So. 2d 891 (Fla.2001). None of the above cases, however, has addressed the-issue now before us. Jenkins’ conviction for battery of an LEO was based upon evidence showing that he drove his vehicle toward Of…
Authorities Cited
- Purvis v. The Honorable Hubert R. Lindsey, 587 So. 2d 638 (Fla. 4th DCA 1991)
- Smith v. State, 484 So. 2d 581 (Fla. 1986)