Opinion
No. 97-1338
Opinion filed July 24, 1998 JULY TERM 1998
Appeal from the Circuit Court for Marion County, T. Michael Johnson, Judge.
James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer Meek, Assistant Attorney General, Daytona Beach, for Appellee.
ON MOTION FOR REHEARING
We grant the appellant's motion for rehearing, withdraw our opinion filed April 17, 1998, and issue this opinion in its place.
The trial court determined that A.L.B. had committed the delinquent act of battery and sentenced A.L.B. to an indeterminate term of community control. On appeal, A.L.B. argues the term of community control may not exceed one year because battery is a first-degree misdemeanor. We agree. See T.G. v. State, 677 So.2d 957 (Fla. 2d DCA 1996). Accordingly, we reverse the appellant's sentence and remand for resentencing.
§ 784.03, Fla. Stat. (1995).
REVERSED and REMANDED.
DAUKSCH, SHARP, W., and ANTOON, JJ., concur.