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712 So. 2d 1290

A.L.B. v. State

District Court of Appeal of Florida · decided 1998-07-24

Relies on T.G. v. State

Decided 1998-07-24

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2We grant the appellant’s motion for rehearing, withdraw our opinion filed April 17, 1998, and issue this opinion in its place.

¶3The trial court determined that A.L.B. had committed the delinquent act of battery1 and sentenced A.L.B. to an indeterminate term of community control. On appeal, A.L.B. argues the term of community control may not exceed one year because battery is a first-degree misdemeanor. We agree. See T.G. v. State, 677 So.2d 957 (Fla. 2d DCA 1996). Accordingly, we reverse the appellant’s sentence and remand for resentencing.

¶4REVERSED and REMANDED.

DAUKSCH, W. SHARP and ANTOON, JJ., concur.

¶5. § 784.03, Fla. Stat. (1995).

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