Dennard v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BERNADETTE DENNARD, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) _____________________________________ ) Case No. 2D04-4538 Opinion filed November 3, 2006. Appeal from the Circuit Court for Hillsborough County; Rex Martin Barbas, Judge. James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. In case no. 01-7143, Bernadette Dennard was sentenced to eighteen months on count I, and count II was nolle prossed. Subsequent to her completion of the eighteen-month sentence, for reasons not necessary to recount here, she was sentenced to time served on count I. Because Dennard had completed her sentence, any further sentencing was a nullity. Accordingly, we vacate the sentence of time served on count I. Sentence vacated. WHATLEY, DAVIS, and VILLANTI, JJ., Concur. -2-

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