GARDNER v. STATE

No. 95-793.

670 So.2d 1185 (1996)

Gary GARDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 4, 1996.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.


THOMPSON, Judge.

Gary Gardner appeals the sentences imposed after his plea of nolo contendere to three counts of violation of probation. Gardner argues that the sentences exceed the statutory maximum and, therefore, are illegal. Further, the written sentence as to one of the counts was inconsistent with the oral pronouncement. We reverse.

The three underlying offenses were: Count I, attempted shooting into or throwing a missile into an occupied vehicle, a...

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