DAVID MCGEHEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
David McGehee appeals his sentence imposed following the revocation of his probation, arguing that the trial court erred in committing him to two years community control when he had already completed one year of community control for the underlying conviction imposed as a special condition of his probation. The state concedes error on this point and we agree. The statutory maximum for a sentence of community control is two years. § 948.01(4), Fla.Stat., (1995). Thus, McGehee is entitled to credit for the one year community control previously served against his current commitment and he should not have been sentenced to more than one additional year of community control for his violation of probation. MeGehee’s sentence is therefore vacated and the case is remanded for resentencing in accordance with this opinion. Waters v. State, 662 So. 2d 332 (Fla.1995); Sipp v. State, 604 So. 2d 576 (Fla. 5th DCA 1992).
Remanded for resentencing.
WEBSTER, LAWRENCE and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bebout v. State, 904 So. 2d 613 (Fla. 4th DCA 2005)…ppellant would not have-been entitled to credit for the time served on community control. Section 948.01(4), Florida Statutes (2004) provides for a two-year ceiling on a community control sentence. Appellant cites to cases such as McGehee v. State, 688 So. 2d 1008 (Fla. 1st DCA 1997), Cooper v. State, 672 So. 2d 638 (Fla. 5th DCA 1996), and Kocher v. State, 651 So. 2d 1288 (Fla. 3d DCA 1995), which apply section 948.01(4) to hold that even after a revocation of probation, a trial court may not sentence a defe…
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Dupree v. State, 708 So. 2d 968 (Fla. 1st DCA 1998)…e terms of probation and neither ease concerned the situation challenged by Dupree in the instant 3.850 motion, i.e., successive terms of community control. “The statutory maximum for a sentence of community control is two years.” McGehee v. State, 688 So. 2d 1008, 1009 (Fla. 1st DCA 1997); see § 948.01(4), Fla. Stat. (1991) (“When community control or a program of public service is ordered by the court, the duration of community control su [*971] pervision or public service may not be longer than the sentenc…
Authorities Cited
- Waters v. State, 662 So. 2d 332 (Fla. 1995)
- Elbert Bernard Sipp v. State, 604 So. 2d 576 (Fla. 5th DCA 1992)