Legal Opinion

Gasiorowski v. State

District Court of Appeal of Florida

Decided December 9, 1992No. 91-2196Published

1Per curiam

Appellant pled guilty to violating his probation. The trial court sentenced him to seven years in prison followed by five years of community control. The state concedes that section 948.01(5), Florida Statutes (Supp.1986), limits the duration of community control to a maximum of two years. Therefore, we reverse the sentence imposed and remand this cause with directions to vacate three of the five years of community control imposed as part of appellant’s sentence. On remand, the trial court may, if it deems it appropriate, resen-tence appellant in accord with State v. Be-tancourt, 552 So.2d…

2Cases cited2 opinions

  1. State v. BetancourtSupreme Court of Florida · 1989
  2. Fernandez v. StateSupreme Court of Florida · 1992

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