Florida District Courts of Appeal, 2001

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided November 7, 2001 · Fletcher, Schwartz, Sorondo
799 So. 2d 364; 2001 Fla. App. LEXIS 15655; 2001 WL 1359523 (Southern Reporter, Second Series)

Perez v. State

Opinion of the Court

PER CURIAM.

As the state agrees, the six month concurrent sentence imposed upon the defendant’s violation of his probation for misdemeanor D.U.I. is vacated because the violation proceedings were begun more than the one year misdemeanor term limit after the probation was imposed. See State v. Boyd, 717 So.2d 524 (Fla. 1998), review dismissed, 719 So.2d 286 (Fla. 1998); Francois v. State, 695 So.2d 695 (Fla. 1997); State v. Hall, 641 So.2d 403 (Fla. 1994); Amaya v. State, 653 So.2d 1112 (Fla. 3d DCA 1995). There is no error, however, in the revocation of Perez’s probation for the third degree felony of habitual driving with a suspended license or the twenty-two month sentence imposed for that offense. That order and sentence are therefore affirmed.

Affirmed in part, vacated in part.

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