VW v. State

V.W., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 23, 1997.

District Court of Appeal of Florida · decided 1997-05-23

Relies on 688 So. 2d 1027 - GRA v. State

Decided 1997-05-23

¶1 *723 James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

¶3

ON MOTION FOR REHEARING

¶4PER CURIAM.

¶5We grant appellant's motion for rehearing, withdraw our previous opinion and vacate the sentence.

¶6V.W. entered a guilty plea and the trial court withheld an adjudication of delinquency. The trial court erred by placing V.W. on community control until V.W.'s 19th birthday in the year 2000. The maximum sentence that can be imposed for the first degree misdemeanor is one year in county jail or on community control. See G.R.A. v. State,688 So.2d 1027 (Fla. 5th DCA 1997).

¶7SENTENCE VACATED; REMANDED.

¶8PETERSON, C.J., and W. SHARP and GOSHORN, JJ., concur.