Hillyer v. State

District Court of Appeal of Florida

Decided December 3, 1987

District Court of Appeal of Florida · decided 1987-12-03

Relies on 511 So. 2d 739 - Vetzel v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-12-03

How this case has been cited

Cited by 16 later decisions — most recently July 2014

15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SHARP, Judge.

¶1Hillyer appeals his sentences and convictions for resisting arrest with violence,1 and battery upon a law enforcement officer.2 We affirm except for that portion of the judgment which imposes 137 hours of community service pursuant to section 27.-3455(1). At the time Hillyer was sentenced on December 16, 1986, section 27.3455(1) was amended (effective October 1, 1986) to delete the possible imposition of community service. Accordingly, we strike that part of the judgment. Cf. Vetzel v. State, 511 So.2d 739 (Fla. 5th DCA 1987).

¶2AFFIRM; STRIKE PART OF SENTENCE.

UPCHURCH, C.J., and DAUKSCH, J., concur.

¶3. § 843.01, Fla.Stat. (1985).

¶4. § 784.07, Fla.Stat. (1985).