Alexander v. State

Full title: KATHRYN ISABLE ALEXANDER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 12, 1992

602 So. 2d 697 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-0609.

August 12, 1992.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for Palm Beach County; James R. Stewart, Jr., Judge.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant seeks review of the trial court's order denying her rule 3.800(a) motion to correct illegal sentence. We find merit in appellant's contentions. Accordingly, we reverse and remand with directions to vacate that portion of appellant's five-year term of community control which exceeds two years. See § 948.001, Fla. Stat. (1987); § 948.03(2)(b), Fla. Stat. (1987); Yourn v. State, 579 So.2d 309 (Fla. 2d DCA 1991); Crawford v. State, 567 So.2d 428 (Fla. 1990).

DOWNEY, LETTS and GUNTHER, JJ., concur.