Opinion
No. 93-1363.
May 6, 1994.
Appeal from the Circuit Court, Orange County, Richard F. Conrad and Michael F. Cycmanick, JJ.
Steven G. Mason, Orlando, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.
ON MOTION FOR REHEARING
The motion for rehearing is granted, the previous decision is withdrawn.
Appellant was given a sentence in excess of the one-year maximum for a first degree misdemeanor. He was given a year of probation after he had already served ninety-six days in the county jail. Because the maximum sentence is one year, the court erred by ninety-six days. The sentence is vacated and this cause remanded for resentencing.
SENTENCE VACATED; REMANDED.
DAUKSCH, W. SHARP, and THOMPSON, JJ., concur.