Florida District Courts of Appeal, 1987

Hillyer v. State

Florida District Courts of Appeal · Decided December 3, 1987 · Dauksch, Sharp, Upchurch

516 So. 2d 74; 12 Fla. L. Weekly 2730; 1987 Fla. App. LEXIS 11272; 1987 WL 2029 (Southern Reporter, Second Series)

Opinion of the Court

SHARP, Judge.

Hillyer appeals his sentences and convictions for resisting arrest with violence,1 and battery upon a law enforcement officer.2 We affirm except for that portion of the judgment which imposes 137 hours of community service pursuant to section 27.-3455(1). At the time Hillyer was sentenced on December 16, 1986, section 27.3455(1) was amended (effective October 1, 1986) to delete the possible imposition of community service. Accordingly, we strike that part of the judgment. Cf. Vetzel v. State, 511 So.2d 739 (Fla. 5th DCA 1987).

AFFIRM; STRIKE PART OF SENTENCE.

UPCHURCH, C.J., and DAUKSCH, J., concur.

. § 843.01, Fla.Stat. (1985).

. § 784.07, Fla.Stat. (1985).

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