Florida District Courts of Appeal, 1996

Fair v. State

Florida District Courts of Appeal · Decided July 12, 1996 · Antoon, Cobb, Dauksch

676 So. 2d 85; 1996 Fla. App. LEXIS 7467; 1996 WL 387899 (Southern Reporter, Second Series)

Opinion of the Court

DAUKSCH, Judge.

We affirm the judgment and sentence except that portion of the sentence which is excessive. Section 948.03(6), Florida Statutes (1995) limits the time which a person can be made to serve under “conditions of probation or community control” to 364 days. Because appellant was given one year, it is excessive. We modify the sentence to 364 days.

AFFIRMED as modified.

COBB and ANTOON, JJ., concur.

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