V.W. v. State

Full title: V.W., a Child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 23, 1997

693 So. 2d 722 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1670

Opinion Filed May 23, 1997

Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge.

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant's motion for rehearing, withdraw our previous opinion and vacate the sentence.

V.W. entered a guilty plea and the trial court withheld an adjudication of delinquency. The trial court erred by placing V.W. on community control until V.W.'s 19th birthday in the year 2000. The maximum sentence that can be imposed for the first degree misdemeanor is one year in county jail or on community control. See G.R.A. v. State, 688 So.2d 1027 (Fla. 5th DCA 1997).

SENTENCE VACATED; REMANDED.

PETERSON, CJ., SHARP, W., and GOSHORN, JJ., concur.