ELBERT BERNARD SIPP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellee’s Motion for Rehearing is hereby granted. Upon reconsideration of the appellee’s brief, we find that our opinion remains unchanged and therefore reissue our original opinion.
In reviewing this Anders appeal, we have observed an error in the sentence that requires correction on remand. The defendant was initially placed on two years of community control. After violation of community control three months later, the defendant was again placed on two years of community control and, as a special condition of community control, was required to serve 240 days in county jail.1 Two years is the maximum period of community control available for any one offense. § 948.-01(5), Fla.Stat. (1989). Because the total term of community control imposed exceeds two years, the sentence is illegal.
SENTENCE VACATED; REMANDED for resentencing.
COWART, HARRIS and GRIFFIN, JJ., concur. . Credit was given for forty-five days time served.
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Gonzales v. State, 816 So. 2d 720 (Fla. 5th DCA 2002)…uld not be revoked and his second sentence, amounting to an additional fifteen years on probation, was illegal. It also follows that the third thirty-year sentence received for violation of the second invalid probation is illegal. See Sipp v. State, 604 So. 2d 576 (Fla. 5th DCA 1992). The state also argues that Gonzales is estopped to raise these arguments because he took advantage of his invalid sentence by waiting to challenge it until he violated probation. Stroble v. State, 689 So. 2d 1089, 1090 (Fla. 5t…
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Goss v. State, 608 So. 2d 541 (Fla. 3d DCA 1992)…erved on the community control sentence for time already served in community control. The State properly concedes that the maximum community control sentence the court could have imposed was two years. § 948.01(4), Fla.Stat. (1991); Sipp v. State, 604 So. 2d 576 (Fla. 5th DCA 1992). While awaiting trial the defendant served one year in community control in lieu of an appearance bond. A question which the trial court left to be decided in this appeal was whether credit could be given for the pretrial commu…
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Kocher v. State, 651 So. 2d 1288 (Fla. 3d DCA 1995)…n community control. The State’s concession of error on this point is well taken, and the cause is remanded for resentencing. See Mills v. State, 623 So. 2d 840 (Fla. 5th DCA 1993); Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992); Sipp v. State, 604 So. 2d 576 (Fla. 5th DCA 1992); see also Goss v. State, 608 So. 2d 541 (Fla. 3d DCA 1992). See generally State v. Roundtree, 644 So. 2d 1358 (Fla.1994); State v. Summers, 642 So. 2d 742 (Fla.1994). The court may impose any legal sentence.* [*1289] Affirmed in…
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