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751 So. 2d 737

Darley v. State

District Court of Appeal of Florida

Decided February 21, 2000

District Court of Appeal of Florida · decided 2000-02-21

Cited by 2 later decisions — most recently October 2004

2 state decisions

Relies on Purvis v. Lindsey Ex Rel. State · 484 So. 2d 581 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-02-21

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PER CURIAM.

¶1The order withholding adjudication of guilt and placing appellant on probation is *738affirmed as to the introduction of contraband and two burglary charges and the concurrent two-year probationary sentences imposed therefor.

¶2As for the concurrent one-year probationary sentences imposed for each of the two criminal mischief charges, we reverse because those sentences exceed the statutory maximum allowed by law and are therefore illegal. See §§ 775.082(4)(b) & 948.15(1), Fla. Stat. (1997). And see Smith v. State, 484 So.2d 581 (Fla.1986); Purvis v. Lindsey, 587 So.2d 638 (Fla. 4th DCA 1991). The trial court is directed to vacate the excessive six-month portions of the criminal mischief sentences.

¶3AFFIRMED in part, REVERSED in part, and REMANDED with directions.

ERVIN and JOANOS, JJ. and SMITH, LARRY G., SENIOR JUDGE, CONCUR.
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