Hillyer v. State

Full title: MICHAEL JAMES HILLYER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 3, 1987

516 So. 2d 74 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-45.

December 3, 1987.

Appeal from the Circuit Court for Volusia County; Robert P. Miller, Judge.

James B. Gibson, Public Defender, and Barbara Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr. and Kellie A. Nielan, Asst. Attys. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Hillyer appeals his sentences and convictions for resisting arrest with violence,¹ and battery upon a law enforcement officer.² We affirm except for that portion of the judgment which imposes 137 hours of community service pursuant to section 27.3455(1). At the time Hillyer was sentenced on December 16, 1986, section 27.3455(1) was amended (effective October 1, 1986) to delete the possible imposition of community service. Accordingly, we strike that part of the judgment. Cf. Vetzel v. State, 511 So.2d 739 (Fla. 5th DCA 1987).

1 § 843.01, Fla. Stat. (1985).

2 § 784.07, Fla. Stat. (1985).

AFFIRM; STRIKE PART OF SENTENCE.

UPCHURCH, C.J., and DAUKSCH, J., concur.