Florida District Courts of Appeal, 1994

Webb v. State

Webb v. State
Florida District Courts of Appeal · Decided May 6, 1994 · Dauksch, Sharp, Thompson
636 So. 2d 198; 1994 Fla. App. LEXIS 4494; 1994 WL 169135 (Southern Reporter, Second Series)

Webb v. State

Opinion of the Court

ON MOTION FOR REHEARING

PER CURIAM.

The motion for rehearing is granted, the previous decision is withdrawn.

Appellant was given a sentence in excess of the one-year maximum for a first degree misdemeanor. He was given a year of probation after he had already served ninety-six days in the county jail. Because the maximum sentence -is one year, the court erred by ninety-six days. The sentence is vacated and this cause remanded for resentencing.

SENTENCE VACATED; REMANDED.

DAUKSCH, W. SHARP, and THOMPSON, JJ., concur.

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