WINEMILLER v. STATE

No. 95-00390.

671 So.2d 836 (1996)

Shawn Eric WINEMILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 10, 1996.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


DANAHY, Judge.

The appellant argues that the trial court erred in revoking the appellant's community control and that the trial court imposed a sentence for the underlying felony in excess of the statutory maximum. We disagree on the first point but agree with the appellant on the second point.

Although we find no error in the revocation of the appellant's community control, we strike a portion of the order of revocation which, as the state concedes, recites...

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