L.P. V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2004 L.P., a juvenile, Appellant, vs. ** ** ** The State of Florida, Appellee. CASE NO. 3D04-1813 ** ** LOWER TRIBUNAL NO. 03-7538 ** Opinion filed December 15, 2004. An Appeal from the Circuit Court for Miami-Dade County, Mindy S. Glazer, Judge. Bennett H. Brummer, Public Defender, and Goldstein, Assistant Public Defender, for appellant. Billie Jan Charles J. Christ, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee. Before COPE, GODERICH and GREEN, JJ. PER CURIAM. L.P. appeals after an adjudication of delinquency. The probation order dated July 6, 2004 placed L.P. on probation but did not specify the time period. The offense that L.P. was found to have committed was resisting an officer without violence, in violation of section 843.02, Florida Statutes (2003). misdemeanor for which the incarceration for one year. That offense is a first degree legal See id. maximum punishment is §§ 843.02, 775.082(4). That being so, the duration of the probation order cannot exceed one year. See P.I.W. v. State, 827 So. 2d 383 (Fla. 3d DCA 2002); § 985.231(1)(a)1.a., Fla. Stat. (2003). We therefore reverse the sentencing order in part and remand for the trial court to specify a period of probation not exceeding one year. The remainder of the probation order and the adjudicatory order are affirmed. Affirmed in part, reversed in part and remanded for further proceedings consistent herewith. 2

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