Opinion
No. 1D99-1265.
Opinion filed February 21, 2000.
An appeal from the Circuit Court for Holmes County, Russell A. Cole, Jr., Judge.
Nancy A. Daniels, Public Defender, David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.
The order withholding adjudication of guilt and placing appellant on probation is affirmed as to the introduction of contraband and two burglary charges and the concurrent two-year probationary sentences imposed therefor.
As for the concurrent one-year probationary sentences imposed for each of the two criminal mischief charges, we reverse because those sentences exceed the statutory maximum allowed by law and are therefore illegal. See §§ 775.082(4)(b) 948.15(1), Fla. Stat. (1997). And see Smith v. State, 484 So.2d 581 (Fla. 1986); Purvis v. Lindsey, 587 So.2d 638 (Fla. 4th DCA 1991). The trial court is directed to vacate the excessive six-month portions of the criminal mischief sentences.
AFFIRMED in part, REVERSED in part, and REMANDED with directions.
ERVIN, JOANOS, JJ. and SMITH, LARRY G., SENIOR JUDGE, CONCUR.