Carlin v. State

Full title: CURTISS W. CARLIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 12, 1993

626 So. 2d 316 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2948.

November 12, 1993.

Appeal from the Circuit Court, Volusia County, Gayle S. Graziano, J.

James B. Gibson, Public Defender and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.

THOMPSON, Judge.

Curtis W. Carlin, appellant, appeals his sentence of community control imposed for two misdemeanors, to be served concurrently. Community control can only be imposed for felony offenses. Section 948.01(3), Fla. Stat. (1991); See Thompson v. State, 617 So.2d 411 (Fla. 2d DCA 1993); York v. State, 599 So.2d 199 (Fla. 2d DCA 1992); DeLeon v. State, 536 So.2d 305 (Fla. 2d DCA 1988). The sentences imposed for two misdemeanors are vacated.

REVERSED.

HARRIS, C.J., and COBB, J., concur.