Florida District Courts of Appeal, 1992

Gasiorowski v. State

Gasiorowski v. State
Florida District Courts of Appeal · Decided December 9, 1992 · Dell, Hersey, Polen
610 So. 2d 67; 1992 Fla. App. LEXIS 12713; 1992 WL 361301 (Southern Reporter, Second Series)

Gasiorowski v. State

Opinion of the Court

PER CURIAM.

Appellant pled guilty to violating his probation. The trial court sentenced him to seven years in prison followed by five years of community control. The state concedes that section 948.01(5), Florida Statutes (Supp. 1986), limits the duration of community control to a maximum of two years. Therefore, we reverse the sentence imposed and remand this cause with directions to vacate three of the five years of community control imposed as part of appellant’s sentence. On remand, the trial court may, if it deems it appropriate, resen-tence appellant in accord with State v. Be-tancourt, 552 So.2d 1107 (Fla. 1989) and Fernandez v. State, 592 So.2d 1090 (Fla. 1992).

REVERSED and REMANDED.

HERSEY, DELL and POLEN, JJ., concur.

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