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655 So. 2d 1301

M.B. v. State

District Court of Appeal of Florida · decided 1995-06-09

Relies on Anders v. California · 489 So. 2d 1146 - TSW v. State

Decided 1995-06-09

BLUE, Judge.

¶1In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the defendant’s conviction for criminal mischief, a first-degree misdemeanor. We reverse his sentence of indefinite community control because it exceeds the maximum sentence that can be imposed for a first-degree misdemeanor. See § 39.054, Fla.Stat. (1993); T.S.W. v. State, 489 So.2d 1146 (Fla. 2d DCA 1986). We remand for resentencing to correct the sentence of community control to a period of time not to exceed one year.

¶2Affirmed in part, reversed in part and remanded for resentencing.

DANAHY, A.C.J., and PATTERSON, J., concur.
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