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688 So. 2d 1008

McGehee v. State

District Court of Appeal of Florida · decided 1997-03-05

Cited by 1 later decisions — most recently March 1998

1 state decisions

Key passage — most relied on by later courts

“The statutory maximum for a sentence of community control is two years.”

quoted by 1 later decision, including Dupree v. State

Relies on 662 So. 2d 332 - Waters v. State · 604 So. 2d 576 - Sipp v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-03-05

View the full empirical analysis of this case →

PER CURIAM.

¶1David McGehee appeals his sentence imposed following the revocation of his probation, arguing that the trial court erred in committing him to two years community control when he had already completed one year of community control for the underlying conviction imposed as a special condition of his *1009probation. The state concedes error on this point and we agree. The statutory maximum for a sentence of community control is two years. § 948.01(4), Fla.Stat., (1995). Thus, McGehee is entitled to credit for the one year community control previously served against his current commitment and he should not have been sentenced to more than one additional year of community control for his violation of probation. MeGehee’s sentence is therefore vacated and the case is remanded for resentencing in accordance with this opinion. Waters v. State, 662 So.2d 332 (Fla.1995); Sipp v. State, 604 So.2d 576 (Fla. 5th DCA 1992).

¶2Remanded for resentencing.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.
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