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Florida District Courts of Appeal, 1998

A.L.B. v. State

A.L.B. v. State
Florida District Courts of Appeal · Decided July 24, 1998 · Antoon, Dauksch, Sharp
712 So. 2d 1290; 1998 Fla. App. LEXIS 9470; 1998 WL 416493 (Southern Reporter, Second Series)

A.L.B. v. State

Opinion of the Court

ON MOTION FOR REHEARING

PER CURIAM.

We grant the appellant’s motion for rehearing, withdraw our opinion filed April 17, 1998, and issue this opinion in its place.

The trial court determined that A.L.B. had committed the delinquent act of battery1 and sentenced A.L.B. to an indeterminate term of community control. On appeal, A.L.B. argues the term of community control may not exceed one year because battery is a first-degree misdemeanor. We agree. See T.G. v. State, 677 So.2d 957 (Fla. 2d DCA 1996). Accordingly, we reverse the appellant’s sentence and remand for resentencing.

REVERSED and REMANDED.

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

. § 784.03, Fla. Stat. (1995).

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