¶1*269 Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
¶2Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.
¶3Before HUBBART, BASKIN and JORGENSON, JJ.
¶4PER CURIAM.
¶5In accordance with our decision in Miles v. State,536 So.2d 262 (Fla. 3d DCA 1988), that "the maximum sentence a court may impose after revocation of a youthful-offender's probation or community control is the six-year limitation period of the statute," § 958.14, Fla. Stat. (1987), we vacate appellant's sentence.
¶6In addition, we direct the trial court to correct the order revoking probation by striking the finding that appellant resisted arrest without violence. The record discloses that the state conceded there was no evidence to support that finding. Furthermore, the trial court found that the violation of probation was based only on defendant's failure to submit monthly reports and on the sale of marijuana, see Davis v. State,518 So.2d 966 (Fla. 3d DCA 1988), but not on resisting arrest.
¶7VACATED AND REMANDED.