Gardner v. State

THOMPSON, Judge.

Gary Gardner appeals the sentences imposed after his plea of nolo contendere to three counts of violation of probation. Gardner argues that the sentences exceed the statutory maximum and, therefore, are illegal. Further, the written sentence as to one of the counts was inconsistent with the oral pronouncement. We reverse.

The three underlying offenses were: Count I, attempted shooting into or throwing a missile into an occupied vehicle, a felony of the third degree; Count II, criminal mischief, a misdemeanor of the first degree; and, Count III, assault, a misdemeanor of the…