DWAIN EDWARD CLARK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the sentence for criminal mischief was improper due to the amount of damage, requiring resentencing. Other convictions and sentences were affirmed.
Appellant was convicted of burglary, battery, and criminal mischief following a domestic violence incident. The State conceded that the sentence for c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Second-Degree Misdemeanor cases and more on FLexlaw
PER CURIAM.
Appellant Dwain Edward Clark, appeals his convictions for burglary of an occupied structure accompanied by a battery, simple battery, and criminal mischief, after an incident involving domestic violence at his wife’s home. We affirm in part and reverse in part.
The State correctly acknowledges that the trial court erred in sentencing the defendant to 364 days in the county jail for criminal mischief, where the amount of damage to the property was two hundred dollars or less. See N.V. v. State, 551 So. 2d 1281 (Fla. 3d DCA 1989); Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987).
This offense is a second-degree misdemeanor, subject to a statutory maximum of sixty days incarceration. §§ 806.13(l)(b), 775.082(4), Fla.Stat. (1991). Accordingly, we reverse the sentence on the criminal mischief conviction, and remand for resentencing. In all other respects, the defendant’s convictions and sentence are affirmed. Affirmed in part; reversed in part and remanded for resentencing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Arnaldo Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987)
- N.Y. v. State, 551 So. 2d 1281 (Fla. 3d DCA 1989)