Bland v. State

COWART, Judge.

The defendant plead guilty to lewd assault (§ 800.04, Fla.Stat.) and waived his right to be sentenced under the guidelines.1 The lower court sentenced him to 15 years’ incarceration, ordering that after the defendant serves 9 years of that term, he is to be placed in a community control program “for a period of remainder not to exceed 15 years.” This would mean community control for a period of six years or longer if the nine year incarceration is reduced by gain time or for any other reason.

Pursuant to section 948.01, Florida Statutes, the duration of community control cannot…